This bail applicant sought release on grounds of parity as a co-accused with an identical role was granted bail by the same Court. The Court granted bail, imposing conditions regarding attendance and potential abduction warrants.
The applicant Deepak Rajbhar was granted bail on furnishing a personal bond and two sureties.
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Neutral Citation No. - 2024:AHC-LKO:52751
Court No. - 32
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8283 of 2024
Applicant :- Deepak Rajbhar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Nijam Ahamad Counsel for Opposite Party :- G.A.
Hon'ble Brij Raj Singh,J.
1. Case has been taken through video conferencing.
2. Heard learned counsel for the applicant and Sri Rajdeep Singh,learned A.G.A. for the State.
3. The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.226 of 2022 under Sections 420, 406, 411,120-B IPC, Police Station Aliganj, District Amedkar Nagar.
4. It has been submitted by learned counsel for the applicant that the identical role assigned to co-accused Ram Avtar Rajbhar has been granted bail by a coordinate Bench this Court vide order dated 25.05.2023 passed in Criminal Misc. Bail Application No.6905 of 2023. Learned counsel for the applicant has submitted that he is pressing the same ground which has been taken in bail application of co-accused Ram Avtar Rajbhar. He has also submitted that the case of the applicant is at par with the aforesaid co-accused person thus, the applicant may also be granted bail on the ground of parity. Learned counsel for the applicant has submitted that the applicant has explained the criminal history in para-24 of the bail application satisfactorily. The applicant is in jail since 30.11.2022.
5. Learned A.G.A. though opposed the prayer for bail but could not dispute the fact that co-accused Ram Avtar Rajbhar has been granted bail by this Court.
6. Without expressing any opinion on the merits of the case and after hearing learned counsel for the parties and looking
into overall facts and circumstances of the case as well as the argument that the co-accused co-accused Ram Avtar Rajbhar having similar role has already granted bail by this Court, therefore, I am of the opinion that the applicant is entitled to be released on bail on the ground of parity.
7. The bail application of the applicant is allowed .
8. Let applicant, namely, Deepak Rajbhar , be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-
(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.
It is made clear that the observations made in this order are limited to the purpose of determination of this bail application
and will in no way be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order.
(Brij Raj Singh, J.)
Order Date :- 1.8.2024 dk/
Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether bail should be granted to the applicant on the ground of parity since the co-accused with an identical role has already been granted bail by this Court.
Whether the applicant's explanation of criminal history satisfies the bail requirements given his continued detention since 30.11.2022.
Colour shows how this judgement treated each authority
State of U.P. vs. Ram Avtar RajbharReferred¶9
Criminal Misc. Bail Application No.6905 of 2023
4 provisions across 2 enactments
Deepak Rajbhar
State Of U.P. Thru. Prin. Secy. Home Deptt. Lko.
Brij Raj Singh
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
