The Allahabad High Court allowed a bail application filed by Rohit charged under Sections 304, 439 CrPC for kidnapping and murder. The court noted evidence was suspicion-based and co-accused were on bail, imposing standard conditions on release.
Release on bail via personal bond and two sureties subject to specific conditions regarding attendance and non-interference.
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:224105
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50520 of 2023
Applicant :- Rohit Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
either from the possession or pointing out of the applicant. It is argued that co-accused Vishal and Sandeep Yadav have been granted bail by co-ordinate Benches of this Court vide orders dated 09.11.2023 and 17.11.2023 passed in Criminal Misc. Bail Application No. 48303 of 2023 and 47300 of 2023, the copy of the said orders have been produced before the Court which are taken on record. The applicant has no criminal history as stated in para 25 of the affidavit and is in jail since 02.08.2023.
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.
(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
Order Date :- 28.11.2023 AS Rathore
(Samit Gopal,J.)
Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant should be released on bail in connection with charges of kidnapping for ransom and murder.
Whether the suspicion only basis and bail of co-accused warrant grant of bail to the applicant.
1 provisions across 1 enactments
Rohit
State of U.P.
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
