The court granted bail to an applicant accused under Section 304 IPC, relying on the fact that a co-accused with an identical role had already been granted bail by the same court.
Bail granted subject to personal bond and two sureties, with conditions regarding court attendance and non-interference with evidence.
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:67314
Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 783 of 2024
Applicant :- Jitendra Kumar Alias Jeetu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lucknow
Counsel for Applicant :- Abhishek Yadav,Amjad Siddiqui,Jitendra Kumar Gupta,Omkar,Raj Kumar Singh,Sheel Kumar,Sunil Kumar Maurya,Suresh Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Brij Raj Singh,J.
(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. The applicant shall not tamper with the evidence.
(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 sufficient cause, the trial court may proceed against him 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 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.
(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 him in accordance with law.
(Brij Raj Singh, J.)
Order Date :- 27.9.2024 Virendra
Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant is entitled to bail on grounds of co-accused having been granted bail for identical role?
5 provisions across 2 enactments
Jitendra Kumar Alias Jeetu
State Of U.P. Thru. Prin. Secy. Home Deptt. Lucknow
Brij Raj Singh
As recorded by the court registry
8 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
