Single judge ordered release of applicant on bail in a trial case alleging murder and criminal conspiracy, primarily due to parity with a co-accused already released on bail by the same court.
Bail granted on personal bond and two sureties with undertakings against non-payments and procedural defaults.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:33177
Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4620 of 2024
Applicant :- Shabanam Alias Shabanam Begum Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Lko Counsel for Applicant :- Vineet Kumar Chaurasia Counsel for Opposite Party :- G.A.
Hon'ble Brij Raj Singh,J.
released on bail in the above case crime number on her 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 she 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her 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 her 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 her, 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 her in accordance with law.
as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusion on the basis of evidence led unaffected by anything in this order.
.
(Brij Raj Singh, J.)
Order Date :- 27.4.2024 Rao/-
Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant is entitled to bail on the ground of parity with a co-accused who has already been granted bail.
4 provisions across 2 enactments
Shabanam Alias Shabanam Begum
State Of U.P. Thru. Prin. Secy. Home Govt. 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
