A High Court Single Judge allowed a bail application for an accused charged under Section 304 IPC. The applicant sought bail based on parity with co-accused who were already granted bail, which the court accepted without commenting on case merits.
Applicant released on personal bond and two sureties subject to conditions regarding court presence and conduct.
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Neutral Citation No. - 2025:AHC:14986
Court No. - 35
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3397 of 2025
Applicant :- Neeraj Opposite Party :- State of U.P. Counsel for Applicant :- Kiran Yadav,Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
(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.
(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 IPC.
(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., may be issued and if 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 IPC.
(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.
(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.
Order Date :- 4.2.2025 // Krishna*
Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail on grounds of parity with co-accused.
Whether the case constitutes a fit case for bail.
4 provisions across 2 enactments
Neeraj
State of U.P.
Shekhar Kumar Yadav
Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
