Allowed

Kailash v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC16 Apr 2024BAIL/4052/2024

Case brief

AI extract

What is this about?

This bail order granted bail to the applicant on grounds of parity with a co-accused released in a similar role. The applicant sought relief after being in jail since March 2023 without criminal antecedents. The court imposed standard bail conditions regarding witness tampering and appearance.

What did the court decide?

Applicant released on bail subject to personal bond and two sureties with conditions against tampering and ensuring court appearance.

Kailash vs State of U.P. Thru. Prin. Secy. Home Lko. — Bail and Remand | Allahabad HC (2024)

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4052 of 2024

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Applicant :- Kailash Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Karan Veer Singh,Kirti Prakash Singh Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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

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The present bail application has been filed by accused-applicant seeking bail in Case Crime No.047 of 2023, under Sections 147, 148, 149, 323, 302, 201 I.P.C., P.S. Behtaj Mujawar, District Unnao.

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It is alleged in the FIR that brother of the informant was going along with Bhagwan Shankar to the other end of the village and at 4:00 pm as they passed in front of the house of Kailash, due to old enmity, the named accused person who are five in numbers have assaulted them with lathi, danda as well as iron rod etc. Due to that both of them got seriously injured. By the time, the villagers could come, Ram Sagar had died. Learned counsel for the applicant submits that the applicant has been falsely implicated. He submits that application dated 27.10.2023 for discharged of both the eye witnesses namely Bal Govind and Fakirey Lal as they were not supporting the prosecution case co-accused Kapil who was assigned the similar role has been enlarged on bail vide order dated19.4.2024 passed in Criminal Misc. Bail Application No.4290 of 2024. The other co-accused Seema @ Kamla and Komal who were assigned the similar role have been enlarged on bail by this Court vide order dated 26.02.2024 passed in Criminal Misc. Bail Application No.13303 of 2023 (Annexure-12 to the bail application). The applicant seeks parity with the bail order of Kapil (supra). He submits that applicant is languishing in jail since 9.03.2023 without having any criminal antecedent.

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It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In

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case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. opposed the prayer for bail but could not dispute the fact that its a case of parity.

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On due consideration to the fact that the applicant is languishing in jail since 9.03.2023 having no criminal antecedent as also the fact that applicant seeks parity with the bail order of Kapil(supra), who was assigned similar role that of the applicant and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed on the grounds of parity. Let the applicant Kailash be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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 officer or tamper with the evidence.

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(iv) 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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(v) 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.

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(vi) 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

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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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Order Date :- 23.7.2024 Madhu

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Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench

Kailash v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Kailash v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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