Virendra Kumar Khatik v. State of U.P. Thru. Prin. Secy. Home Affairs Lko

Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7807 of 2023 Applicant :- Virendra Kumar Khatik Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Affairs Lko. Counsel for Applicant :- Arun Kumar,Surendra Pal Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh,J.

¶1Heard learned counsel for the applicant and Shri Rao Narain Singh, learned A.G.A. for the State and perused the record.

¶2The present application under Section 439 Cr.P.C. has been on behalf of the accused-applicant in Case Crime No.292 of 2022, under Sections 406, 420 and 273 I.P.C., Police Station-Ibrahimpur, District-Ambedkar Nagar, with the prayer to enlarge him on bail.

¶3Learned counsel for the applicant submits that the accused-applicant is an innocent person and has been falsely implicated in the present case and he is in jail since 11.12.2022. He further submits that co-accused, namely-Irshad has already been granted bail by the Coordinate Bench of this Court, vide order dated 11.04.2023 passed in Criminal Misc. Bail Application No.4838 of 2023. In these circumstances, the applicant is also entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

¶4Learned A.G.A. has opposed the prayer for grant of bail to the applicant but has fairly conceded that similarly situated co-accused has already been granted bail by the Coordinate Bench of this Court.

¶5Considering the submissions made by learned counsel for the accused-applicant and learned A.G.A. and going through the record as well as bail order of co-accused, this Court deems it appropriate to enlarge/released the accused-applicant on bail. The bail application is allowed on the ground of parity.

¶6Let the applicant-Virendra Kumar Khatik, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

(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.

¶7In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. (Dinesh Kumar Singh, J.) Order Date :- 20.6.2023 Piyush/- High Court of Judicature at Allahabad, Lucknow Bench