Allowed

Subrato Mukherjee v. State of U.P. Thru. Prin. Secy. Home

Allahabad HC13 Feb 2024BAIL/1519/2024

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed under the Indian Penal Code. The court granted bail based on the parity principle, noting that a similarly situated co-accused had already been released. The applicant was ordered to furnish a personal bond and two sureties.

What did the court decide?

Released on bail subject to personal bond, two sureties, and specific conditions regarding conduct, presence in court, and non-tampering with evidence.

Subrato Mukherjee vs State of U.P. Thru. Prin. Secy. Home — Corruption | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:18004

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Court No. - 13

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1519 of 2024

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Applicant :- Subrato Mukherjee Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Counsel for Applicant :- Atul Verma,Hari Krishna Verma,Mohd Agha Haider Rizvi,Sanjeet Kumar Patel Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant in F.I.R. No. 252 of 2020, under Sections 409, 420, 506, 120-B I.P.C., Police Station Ghazipur, District Lucknow with the prayer to enlarge him on bail.

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The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case, he is having no previous criminal history and in jail since 18.07.2023. The case of the applicant is similar to co-accused Pramod Kumar @ Pramod Kumar Verma, who has been enlarged on bail by this Court vide order dated 16.05.2023 passed in Criminal Misc. Bail Application No. 5583 of 2023. The bail order of co-accused Pramod Kumar @ Pramod Kumar Verma is annexed as Annexure 11 to the bail application. In these circumstances, the applicant is also entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

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Learned A.G.A. opposes the prayer for grant of bail to the applicant, but fairly concedes that similarly situated coaccused Pramod Kumar @ Pramod Kumar Verma has already been granted bail.

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Considering the rival submissions of learned counsel for the applicant, learned A.G.A., ground of parity with the co-

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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.

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Let applicant -Subrato Mukherjee be released on bail in F.I.R. No. 252 of 2020 (supra), on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(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.

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(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 office or tamper with the evidence.

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(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.

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(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 sufficient cause, the trial court may proceed against him under Section 229A IPC.

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(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.

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(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 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.

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Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

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Trial court is directed to conclude the trial expeditiously.

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Order Date :- 26.2.2024 VKS

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Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Subrato Mukherjee v. State of U.P. Thru. Prin. Secy. Home

Case brief

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Subrato Mukherjee v. State of U.P. Thru. Prin. Secy. Home

Case brief

What is this about?

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