Single Judge allowed this bail application for Jannu Gaddi in an FIR under Section 394, 302 IPC, allowing bail on the ground of parity with a co-accused who had already been granted bail.
Release on bail subject to personal bond, two sureties, and conditions regarding attendance, tampering, and expedition of trial.
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:28434
Court No. - 8
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7495 of 2023
Applicant :- Jannu Gaddi Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Govt.Lko
Counsel for Applicant :- Anjani Kumar Shukla,Krishan Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
applicant was found, has already been granted bail.
(i) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
(ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police ofÏce or tamper with the evidence.
(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 shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 229A IPC.
(v) 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 IPC.
(vi) The applicant shall remain present, in person, before the trial court on dates fixed for (a) opening of the case, (b) framing of charge; and (c) 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 sufÏcient 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 :- 8.4.2024 VKS
Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant is entitled to bail on the ground of parity with a co-accused who was already granted bail.
4 provisions across 2 enactments
Jannu Gaddi
State Of U.P. Thru Prin Secy Deptt Of Home Govt Lko
Rajeev Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
