Shivshankar Singh @ Deepu v. State of U.P. Thru. Prin. Secy. Civil Sectt. Lko

Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7793 of 2023 Applicant :- Shivshankar Singh @ Deepu Opposite Party :- State Of U.P. Thru. Prin. Secy. Civil Sectt. Lko. Counsel for Applicant :- Brij Bhushan Singh,Bheem Singh,Pranjal Apurva,Sandeep Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh,J.

¶1Heard learned counsel for the applicant as well as Sri Rajesh Kumar Singh, learned A.G.A. and perused the record.

¶2The present application under Section 439 Cr.P.C. has been filed seeking bail in FIR No.0105 of 2023, under Sections 302, 201 and 34 IPC, Police Station Unchahar, District Raibareli.

¶3Learned counsel for the accused-applicant submits that co-accused, having similar role, has been granted bail by this Court vide order dated 31.5.2023 in Criminal Misc. Bail Application No.7205 of 2023. He, therefore, prays that accused-applicant is also entitled for bail on the ground of parity.

¶4Learned AGA has opposed the prayer for bail, but not disputed the aforesaid facts.

¶5Considering the fact that co-accused, having similar role, has been granted bail by this Court, it would be appropriate to enlarge the accused-applicant on bail.

¶6Let applicant Shivshankar Singh @ Deepu be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions:-

(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 of the Indian Penal Code.

(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. 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 of the Indian Penal Code.

(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. 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. Order Date :- 19.6.2023 Rao/- High Court of Judicature at Allahabad, Lucknow Bench