Allowed

Hoshiyar v. State of U.P.

Allahabad HC14 Feb 2023BAIL/6942/2023

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 6942 of 2023, the Allahabad High Court granted bail to the accused, Hoshiyar, involved in a case under Sections 304 and 336 IPC. The court granted relief based on the principle of parity, as co-accused in the same matter had already been released by coordinate benches on the same charges.

What did the court decide?

Accused Hoshiyar released on bail by furnishing a personal bond and two sureties in like amount with specified attendance conditions.

Hoshiyar Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 81

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6942 of 2023

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Applicant :- Hoshiyar Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Pati Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Saroj Yadav,J.

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The present bail application has been filed on behalf of the accused/applicant Hoshiyar in Case Crime No.210 of 2022, under Sections 304, 336 of I.P.C. Police Station Rajpura, District Sambhal with the prayer to enlarge him on bail.

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Heard Mr. Rakesh Pati Tiwari, learned counsel for the applicant and Mr. Purshottam Maurya, learned A.G.A. for the State-respondent and perused the material available on record.

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It is submitted by the learned counsel for the accused/applicant that the accused/applicant is innocent and has falsely been implicated in the case. The accused/applicant is in jail since 27.07.2022. In the present case co-accused persons namely Girish, Kalyan and Amarpal whose case stands on the same footing, have been granted bail by the coordinate benches of this Court vide order dated 25.01.2023 passed in Bail Application Nos. 43220 of 2022, 43347 of 2022, 43358 of 2022 respectively as such, the accused/applicant should also be released on bail on the ground of parity.

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Learned A.G.A. appearing on behalf of the State opposed the bail application of the accused/applicant but did not dispute the parity.

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Considered the rival submissions and perused the record. Considering all the facts and circumstances of the case and also keeping in mind that co-accused persons whose case stands on same footing have already been granted bail by the co-ordinate benches of this Court, I am of the view that the accused/applicant deserves to be enlarged on bail.

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Accordingly, the bail application filed on behalf of applicant is allowed.

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Let the applicant Hoshiyar involved in Case Crime No.210 of 2022, under Sections 304, 336 of I.P.C. Police Station Rajpura, District Sambhal, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;

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(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.

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(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.

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(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.

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(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.

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(v)The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.

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(Mrs. Saroj Yadav, J.)

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Order Date :- 14.2.2023 A. K. Singh

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Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad

Hoshiyar v. State of U.P.

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Hoshiyar v. State of U.P.

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