Om Shankar Kaushal Vs State of U.P. Thru. Prin. Secy. Home , Lucknow — Allahabad HC (2024) — LawSathi Research

Om Shankar Kaushal Vs State of U.P. Thru. Prin. Secy. Home , Lucknow — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Om Shankar Kaushal released on bail during pendency of trial in Case Crime No. 165 of 2020 on furnishing a personal bond and two sureties each in the like amount, subject to the conditions imposed in the interest of justice; identity and residence proof of applicant and sureties to be verified before bonds are accepted.

Issue for consideration

Whether applicant Om Shankar Kaushal should be released on bail during pendency of trial in Case Crime No. 165 of 2020, under Sections 419, 420, 467, 468, 471, 409, 506, 120-B IPC, Police Station Baldirai, District Sultanpur.

Court's answer

Bail was granted on the ground of parity: the case of the applicant stands on identical footing with co-accused Dharmendra Kaushal, who was granted bail by this Court on 18.9.2024 in Criminal Misc. Bail Application No.5887 of 2024, and the learned AGA, while opposing the prayer, did not dispute the claim of parity.

Ratio / Principle

The applicant involved in the aforesaid case is to 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 conditions imposed in the interest of justice (including non-tampering with evidence/witnesses, undertaking against adjournments, presence at trial stages including statement under Section 313 Cr.P.C., and liability to proceedings under Sections 229-A and 174-A IPC and Section 82 Cr.P.C. proclamation in case of absence/misuse).

Detailed headnote1 paragraphs

Bail application allowed (Siddharth J., 19.11.2024). Om Shankar Kaushal, languishing in jail since 02.9.2021, sought bail during pendency of trial in Case Crime No. 165 of 2020, under Sections 419, 420, 467, 468, 471, 409, 506, 120-B IPC, Police Station Baldirai, District Sultanpur. Bail granted on the ground of parity with co-accused Dharmendra Kaushal, who had been granted bail by this Court on 18.9.2024 in Criminal Misc. Bail Application No.5887 of 2024; the learned AGA opposed the prayer but did not dispute the claim of parity. Release ordered on a personal bond and two sureties each in the like amount, with conditions: (i) no tampering with evidence or threatening witnesses; (ii) undertaking not to seek adjournments when witnesses are present; (iii) presence at trial dates, failing which proceedings under Section 229-A IPC; (iv) misuse of bail liberty may attract proclamation under Section 82 Cr.P.C. and proceedings under Section 174-A IPC; (v) personal presence at opening of case, framing of charge and recording of statement under Section 313 Cr.P.C.; breach of conditions a ground for cancellation of bail; identity and residence proof of applicant and sureties to be verified before bonds accepted.

Neutral Citation No. - 2024:AHC-LKO:76129

Court No. - 32

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11277 of 2024

Applicant :- Om Shankar Kaushal

Opposite Party :- State Of U.P. Thru. Prin. Secy. Home , Lucknow Counsel for Applicant :- Vivek Kumar Shukla Counsel for Opposite Party :- G.A.

Hon'ble Siddharth,J.

Heard learned counsel for the applicant 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, Om Shankar Kaushal, with a prayer to release him on bail in Case Crime No. 165 of 2020, under Sections 419, 420, 467, 468, 471, 409, 506, 120-B IPC, Police Station Baldirai, District- Sultanpur , during pendency of trial.

Learned counsel for the applicant has contended that the co-accused, Dharmendra Kaushal, has been granted bail by this Court on 18.9.2024 in Criminal Misc. Bail Application No.5887 of 2024. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity for the reasons given in bail application of co-accused. The applicant is languishing in jail since 02.9.2021.

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 :- 19.11.2024 Ruchi Agrahari

Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad, Lucknow Bench