This bail application was allowed. The High Court found the prosecution case weak, lacked motive, and had no eyewitness account, granting bail to the applicant.
The applicant was released on bail subject to furnishing a personal bond and two sureties, and complying with specific undertaking conditions regarding attendance.
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. - 2024:AHC-LKO:48289
Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2530 of 2024
Applicant :- Sandeep Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home, Lko. Counsel for Applicant :- Gaya Prasad Counsel for Opposite Party :- G.A.
Hon'ble Rajesh Singh Chauhan,J.
present applicant may also be enlarged on bail. Learned counsel for the applicant has further submitted that the applicant undertakes that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, if so granted by this Court. Further, the applicant shall abide by all terms and conditions of the bail order.
(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.
(v) The applicant shall not leave India without previous permission of the court.
[Rajesh Singh Chauhan,J.]
Order Date :- 16.7.2024 RBS/-
Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant is eligible to be released on bail considering weak prosecution case and lack of motive.
Whether the applicant can rely on parity with bail granted to a co-accused having a similar role.
3 provisions across 2 enactments
Sandeep
State Of U.P. Thru. The Prin. Secy. Home, Lko.
Rajesh Singh Chauhan
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
