Rabit Kumar v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 8 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1222 of 2023 Applicant :- Rabit Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Upendra Kumar Sagar,Rama Kant Giri,Vishnu Kumar Srivastava Counsel for Opposite Party :- G.A.,Ashok Kumar Hon'ble Dinesh Kumar Singh,J.

¶1Heard Mr. U.K. Sagar, learned counsel for the accused-applicant, as well as Mr. Brijendra Vikram Singh, learned Additional Government Advocate, on this 2nd application for bail and gone through the entire record. The earlier bail application of the accused-applicant was rejected by this Court vide order dated 02.11.2022 passed in Criminal Misc. Bail Application No.113 of 2022.

¶2By means of this application under Section 439 CrPC, the accused-applicant seeks bail in FIR No.0283 of 2021, under Section 302 IPC lodged at Police Station Mitauli, District Lakhimpur Kheri.

¶3Learned counsel for the accused-applicant submits that the role of the accused-applicant is similar to that of co-accused, Amarjeet, who has already been enlarged on bail by this Court vide order passed in Criminal Misc. Bail Application No.3278 of 2023. The learned counsel claims parity. The learned counsel further submits that the accused-applicant has been languishing in jail since 26.08.2021.

¶4The learned Additional Government Advocate, has opposed the bail, however, he does not dispute that the said co-accused has already been enlarged on bail.

¶5Considering the ground of parity and without commenting upon merit of the case, I find it to be a fit case for grant of bail.

¶6Let applicant-Rabit Kumar, accused of above-mentioned FIR/crime number, be released on bail on his furnishing a personal bond and two local and reliable sureties each in the like amount to the satisfaction of the Court concerned with the following conditions, which are imposed in the interest of justice:-

(i) the applicant(s) 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(s) 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 applicant(s) misuse(s) the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant(s) fail(s) 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; and

(iv) the applicant(s) 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. [D.K. SINGH, J] Order Date :- 23.5.2023 MVS/- High Court of Judicature at Allahabad, Lucknow Bench