Allowed bail application filed by Dinesh Kumar Yadav relying on parity with co-accused Yashwant Rawat, who was similarly situated and granted bail in a related bail application.
Applicant to be released on bail by furnishing personal bond and two reliable sureties subject to specified conditions.
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Neutral Citation No. - 2024:AHC-LKO:69812
Court No. - 13
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8025 of 2024
Applicant :- Dinesh Kumar Yadav @ Dinesh Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Eshan Garg Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
accused and going through the material available on record as well as totality of fact and circumstances, I am of the view that it is a fit case for bail. Application stands allowed on the ground of parity.
(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 :- 16.10.2024 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 has been granted bail in similar circumstances.
Colour shows how this judgement treated each authority
Criminal Misc. Bail Application No. 3805 of 2023Referred¶8
Dinesh Kumar Yadav @ Dinesh Yadav
State Of U.P. Thru. Prin. Secy. Home Lko.
Rajeev Singh
Vivek Kumar Srivastava
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
