The court granted bail to the applicants in a 306 IPC case based on parity with a co-accused. Bail was allowed subject to specific conditions regarding appearance and non-interference.
Releasing the applicants on bail by furnishing a personal bond and two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:204892
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44444 of 2023
Applicant :- Kusum Devi And Another Opposite Party :- State of U.P. Counsel for Applicant :- Pawnesh Tiwari,Prashant Kumar,V.P.Shukla Counsel for Opposite Party :- G.A.,Ved Prakash Shukla
Hon'ble Siddharth,J.
Heard Sri Pawnesh Kumar Tiwar and Sri Prashant Kumar, learned counsel for the applicant; Sri Ved Prakash Shukla, learned counsel for informant and learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Kusum Devi and Rani Devi, with a prayer to release them on bail in Case Crime No. 75/2022, under Sections- 306 IPC Police Station- Naini, District- Allahabad during pendency of trial.
Learned counsel for the applicant has contended that the coaccused, Manohar Mishra, has been granted bail by coordinate Bench of this Court on 17.07.2023 in Criminal Misc. Bail Application No. 29923 of 2023. The case of the applicants stands on identical footing, hence the applicants are also entitled for bail on the ground of parity for the reasons given in bail application of co-accused.
Learned AGA has opposed the prayer for bail, but does not dispute the claim of parity.
Let the applicant involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(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 misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.10.2023 Abhishek
Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicants are entitled to bail on the ground of parity with their co-accused who has already been granted bail.
5 provisions across 2 enactments
Kusum Devi And Another
State of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
