Santosh and 3 Others v. State of U.P

Court No. -64 Case :-CRIMINAL MISC. BAIL APPLICATION No. -44177 of 2023 Applicant :-Santosh And 3 Others Opposite Party :-State of U.P. Counsel for Applicant :-Ruhi Yadav Counsel for Opposite Party :-G.A.,Rajesh Sharma Hon'ble Siddharth,J. Heard learned counsel for the applicants and learned A.G.A. for the State and perused the material on record. The instant bail application has been filed on behalf of the applicants, Santosh, Boby @ Rohan, Harpal @ Brahmadev and Ajay Kumar, with a prayer to release them on bail in Case Crime No. 26 of 2023, under Sections-147, 148, 149, 323, 302 IPC, Police Station-Vijaygarh, District-Aligarh, during pendency of trial. Learned counsel for the applicant has contended that the co-accused, Amar Singh and Rajaram Singh, have been granted bail by this Court on 19.10.2023 in Criminal Misc. Bail Application No. 37512 of 2023. The case of the applicants stands on identical footing, hence the applicants are also entitled for bail on the ground of parity for the reasons given in bail application of co-accused. The applicants are languishing in jail since 29.05.2023. Learned AGA has opposed the prayer for bail, but does not dispute the claim of parity. Let the applicants involved in 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 with the following conditions which are being imposed in the interest of justice:-

(i) The applicants shall not tamper with the evidence or threaten the witnesses.

(ii) The applicants 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.

(iii) The applicants shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

(iv) In case the applicants misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the 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 of the Indian Penal Code.

(v) The applicants 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 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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 13.12.2023 Abhishek High Court of Judicature at Allahabad