The Court granted bail to the applicant, Vikas Giri, mid-trial on the principle of parity with a co-accused already released. Strict conditions were imposed regarding attendance and non-interference with witnesses.
Applicant released on bail with personal bond and two sureties on strict conditions regarding court attendance and non-interference.
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Neutral Citation No. - 2023:AHC:185449
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4228 of 2023
Applicant :- Vikas Giri Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Firdos Ahmad,Mahesh Kumar Counsel for Opposite Party :- G.A.,Anoop Bhaiya Lal Shukla
Hon'ble Siddharth,J.
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) In case the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code.
(v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 25.9.2023 Rohit
Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail on the principle of parity with a similarly placed co-accused who was already released.
Whether conditions for granting bail in a POCSO case involving grave offences can be framed to ensure trial attendance and prevent tampering.
6 provisions across 3 enactments
Vikas Giri
State Of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
