Hearing criminal appeal against rejection of bail in SC/ST Act case. Court allowed appeal citing parity with co-accused already on bail. Appellant enlarged on bail subject to specific attendance and conduct conditions.
Appellant enlarged on bail in Case Crime No. 332 of 2023 subject to undertaking against adjournments and attendance conditions.
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:183870
Court No. - 90
Case :- CRIMINAL APPEAL No. - 5662 of 2024
Appellant :- Vishal Pal Respondent :- State of U.P. and Another Counsel for Appellant :- Dhanesh Chandra Dubey,Rajeev Nayan Singh Counsel for Respondent :- G.A.,Sunil Kumar Tiwari,Vijay Kumar Mishra
Hon'ble Dr. Gautam Chowdhary,J.
fit to impose upon him. He next submits that appellant is languishing in jail since 22.02.2024.
I. The appellant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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 appellant 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 appellant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the appellant 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 appellant 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 23.11.2024
S.Ali
Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the appellant entitled to bail on grounds of parity and prima facie case for innocence despite false implication allegations
Whether conditions imposed for bail sufficient to prevent misuse of liberty and ensure presence in court
3 provisions across 2 enactments
Vishal Pal
State of U.P.
Another
Dr. Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
