Udit Kumar Vs State of U.P. Thru. Addl. Chief Secy. Home Lko.

Neutral Citation No. - 2024:AHC-LKO:64433

Court No. - 28

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9815 of 2024 Applicant :- Udit Kumar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Manoj Kumar Dixit,Badrus Sahar Counsel for Opposite Party :- G.A.

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Hon'ble Brij Raj Singh,J.

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Heard learned counsel for the applicant, Shri Rakesh Kumar Singh, learned AGA for the State and perused the record.

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The present bail application has been filed by the applicant Udit Kumar, with a prayer to enlarge him on bail in Case Crime No.246 of 2022, under Sections 147, 148, 323, 504, 506, 302, 34 I.P.C. P.S.- Ashiyana, District Lucknow.

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It is contended by learned counsel for the applicant that the applicant is not named in the FIR whereas the coaccused Rajan @ Rocky @ Puddi and Ujjwal who were named in the FIR have been granted bail by this Court in Criminal Misc. Bail Application Nos.618 of 2023 and 238 of 2023 vide orders dated 06.04.2023 and 01.05.2023. Learned counsel has further submitted that no specific role has been assigned to the applicant and there are three injuries out of which two injuries are on forehead and one injury is on the leg of the deceased but it is not assigned as to who caused the fatal injury. Learned counsel further submitted that the case of the applicant is standing on better footing than that of co-accused as mentioned above. The applicant has no other criminal history. The applicant is in jail since 07.08.2024.

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Learned AGA opposed the prayer for bail and stated that the applicant is involved in committing the offence as such the applicant is not liable to be released on bail.

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Without expressing any opinion on the merits of the case and after hearing learned counsel for the parties and considering the argument that the co-accused Rajan @ Rocky @ Puddi and Ujjwal having same role have been granted bail ; argument that the case of the applicant is on better footing than that of co-accused, I am of the of the opinion that the applicant is entitled to be released on bail.

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Let the applicant, Udit Kumar, 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

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conditions :-

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(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.

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(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 sufÏcient cause, the trial court may proceed against him under Section 229A of the Indian Penal Code.

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(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.

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(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 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.

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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.

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Order Date :- 18.9.2024 Pks

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Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench

Udit Kumar v. State of U.P. Thru. Addl. Chief Secy. Home Lko.

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Udit Kumar v. State of U.P. Thru. Addl. Chief Secy. Home Lko.

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