Ajay and Another Vs State of U.P.

Neutral Citation No. - 2025:AHC:6129

Court No. - 35

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1045 of 2025

Applicant :- Ajay And Another Opposite Party :- State of U.P. Counsel for Applicant :- Amaresh Yadava Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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After the matter had been heard for some time, Mr. Amaresh Yadava, learned counsel for the applicants states that instant bail application in respect of applicant no.1 (Ajay) may be dismissed as not pressed with liberty to file fresh bail application.

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In view of statement made, the instant bail application in respect of applicant no.1 (Ajay) is, accordingly, dismissed as not pressed with the liberty aforesaid.

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Registry is directed to return certified copy of impugned FIR as well as free copy of bail rejection to the counsel for the applicant after accepting xerox of the same.

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Heard Mr. Amaresh Yadava, learned counsel for the applicant no.2 Abhishek, learned Additional Government Advocate for the State and perused the material available on record.

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By means of this application, the applicant is seeking enlargement on bail in Case Crime No.372 of 2024, under Sections 323, 504, 506, 452, 308, 304, 34 IPC, Police Station Saraimeer, District Azamgarh.

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Submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. Only general role has been assigned against the applicant. No specific role has been assigned against the applicant. Further submission is that similarly placed co-accused, namely, Aarti, Ranjana, Reeta Devi, Savitri, Radheyshyam, Vinay and Avinash have already been enlarged on bail by this Court vide orders dated 30.09.2024, 03.01.2025, 06.01.2025 and 16.12.2024 in Criminal Misc. Bail Application Nos.32251, 43286 45362 and 44935 of 2024, copy of the bail

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orders has been placed on record. Further submission is that since the role of the applicant is identical to that of co-accused who have already been enlarged on bail, the applicant is also entitled to be enlarged on bail on the ground of parity. The applicant is languishing in jail since 01.07.2024 having no previous criminal history. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required.

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Per contra, learned A.G.A. has vehemently opposed the prayer for bail, but could not controvert the submissions made by the learned counsel for the applicant.

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I have perused the bail orders of co-accused and find that the role assigned to the present applicant is almost similar to that of co-accused who has already been enlarged on bail.

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Considering the submissions made by learned counsel for the applicant as well as learned A.G.A., this Court is of the view that the applicant have made out a case for grant of bail on the ground of parity.

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Let the applicant- Abhishek , involved in the aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions :

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(i) 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.

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(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 229A IPC.

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(iii) In case, the applicant misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C., may be issued and if applicants fail 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.

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(iv) 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.

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(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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It is made clear that observations made in granting bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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With the above observation/direction, the instant bail application is allowed .

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Order Date :- 15.1.2025 Ajeet

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Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad

Ajay and Another v. State of U.P.

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