Jagdev v. State of Thru. Prin. Secy. Home Lko

Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7821 of 2023 Applicant :- Jagdev Opposite Party :- State Of Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Neeraj Trivedi,Ravi Pandey Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh,J.

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

¶2The present bail application has been filed under Section 439 Cr.P.C. by the applicant in FIR No.090 of 2022 under Sections 376D, 452, 323, 504, 506, 354, 427 IPC, Police Station Kotwali, Unnao.

¶3Learned counsel for the applicant submits that the co-accused, having similar role, has been granted bail by this Court in Bail No.5877 of 2022 vide order dated

08.06.2022. He, therefore, submits that the accused-applicant is also entitled for bail on the ground of parity.

¶4Learned AGA does not dispute the aforesaid fact.

¶5Considering the facts and circumstances of the case and the fact that the co-accused has been enlarged on bail from this Court, arguments advanced by the learned counsel for the parties and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

¶6Let applicant Jagdev be released on bail in the aforesaid case on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/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 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 :- 20.6.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench