Court allowed criminal appeal against bail rejection order, noting co-accused already on bail, no specific role assigned to appellant, and no incriminating articles recovered. Bail granted subject to conditions.
Bail granted on execution of personal bond and two sureties, subject to conditions regarding court appearance.
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Court No. - 69
Case :- CRIMINAL APPEAL No. - 8716 of 2024
Appellant :- Govind Respondent :- State of U.P. and Another Counsel for Appellant :- Anil Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Ashutosh Srivastava,J .
(i). The appellant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence, if 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 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 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 :- 16.12.2024 VS
Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the appellant is entitled to bail in light of the co-accused having been granted bail and the lack of specific role assigned to him?
3 provisions across 3 enactments
Govind
State of U.P.
Another
Ashutosh Srivastava
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
