This Court allowed a bail application to the applicant, Sunny, granting release on bond and sureties based on parity with similarly situated co-accused who had already been released on bail.
Grant of bail to the applicant on personal bond and two sureties subject to specified conditions.
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Neutral Citation No. - 2024:AHC-LKO:29629
Court No. - 8
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 452 of 2024
Applicant :- Sunny Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Adarsh Shukla,Rajiv Raman Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
(i) The applicant shall not commit or participate in any 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 officer 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 sufficient cause, the Trial Court may proceed against him under Section 229-A 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 (1) opening of the case, (2) framing of charge and (3) 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.
Order Date :- 12.4.2024 V. Sinha
Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether bail should be granted to the applicant in view of the grant of bail to similarly situated co-accused.
Sunny
State Of U.P.
Rajeev Singh
As recorded by the court registry
3 orders share this CNR
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