The Court granted bail to Constable Anand Prakash in a corruption and criminal conspiracy case, directing his release on a personal bond and two sureties upon the grounds of parity with a co-accused.
The applicant was released on bail by furnishing a personal bond and two sureties in the like amount to the satisfaction of the Court.
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Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55150 of 2022
Applicant :- Constable Anand Prakash Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Singh Sengar,Satish Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh,J.
(i) 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.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) 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.
(iv) 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 :- 9.1.2023 Rao/-
Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted to the applicant on grounds of parity with a co-accused who was already released.
Whether conditions regarding the applicant's presence in court and prohibition on seeking adjournments should be imposed upon granting bail.
7 provisions across 4 enactments
Constable Anand Prakash
State of U.P.
Dinesh Kumar Singh
As recorded by the court registry
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