Bail application in a murder case where the applicant's role was limited to being present with co-accused who fired or exhorted. Bail was granted on parity with a similarly placed co-accused and on an undertaking not to misuse liberty.
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Neutral Citation No. - 2025:AHC-LKO:4329
Court No. - 11
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7294 of 2024
Applicant :- Sahab Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Neeraj Tewari Counsel for Opposite Party :- G.A.,Lakshmana Singh
Hon'ble Rajesh Singh Chauhan,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.
(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/269 of the B.N.S., 2023.
(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./84 of B.N.S.S., 2023 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 IPC/208 of the B.N.S., 2023.
(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./351 of B.N.S.S., 2023. 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. The present applicant shall not leave the country without prior permission of the Court.
[Rajesh Singh Chauhan,J.]
Order Date :- 21.1.2025 (Manoj K.)
Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant, whose alleged role was only accompanying the firing and exhortation co-accused, is entitled to bail on parity with a similarly placed co-accused already granted bail.
3 provisions across 3 enactments
Sahab Ali
State Of U.P. Thru. Prin. Secy. Home Lko.
Rajesh Singh Chauhan
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
