Shubham Goswami v. State of U.P. Thru. Prin. Secy. Home Deptt., Lucknow

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12891 of 2023 Applicant :- Shubham Goswami Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt., Lucknow Counsel for Applicant :- Dinesh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard Shri Dinesh Kumar Shukla, learned counsel for the applicant as well as Shri Ramesh Kumar, learned A.G.A. for the State and perused the record.

¶2This bail application has been filed seeking release of accused/applicant Shubham Goswami on bail, in Case Crime No. 246 of 2023, under Sections 147, 148, 149, 323, 325, 304, 504, 506 I.P.C. Police Station Wajeerganj, District Gonda.

¶3Learned counsel for the applicant has adopted the same arguments as advanced in the case of co-accused Ramawati, who has already been granted bail vide detailed ordere in Criminal Misc. Bail Application No. 11375 of 2023 vide order dated 21.09.2023 and has submitted that the case of the applicant is at par with the case of the co-accused and is covered with the factum of parity, as such the applicant is also entitled to be enlarged on bail. He further submitted that the applicant has no criminal history and he is languishing in jail since 12.06.2023.

¶5Learned A.G.A. has opposed the prayer for grant of bail, but could not dispute the fact that co-accused Ramawati has already been granted bail.

¶6Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties, the argument that case of applicant is at par with the case of co-accused and looking into the fact that the co-accused Ramawati already been granted bail, I find it to be a fit case for grant of bail.

¶7Accordingly, the bail application is allowed.

¶8Let the accused/applicant Shubham Goswami involved in above-mentioned case, be released on bail on his furnishing a personal bond with 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 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 sufÏcient cause, the trial court may proceed against her 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 sufÏcient 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.

¶7It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order. Order Date :- 1.11.2023 DiVYa High Court of Judicature at Allahabad, Lucknow Bench