Adarsh Singh @ Akash Raghuvanshi v. State of U.P. Thru. Prin.Secy. Home

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13037 of 2023 Applicant :- Adarsh Singh @ Akash Raghuvanshi Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

1.Heard Shri Ramakar Shukla, learned counsel for the applicant, Sri G.D. Bhatt, learned AGA for the State and perused the record.

¶2Supplementary affidavit filed today is taken on record.

¶3The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.51 of 2023, under Sections 147, 148, 149, 302, 307, 120-B I.P.C. Police Station Kotwali Dehat, District Sultanpur.

¶4Learned counsel for the applicant submitted that the case of the applicant is at par with the co-accused Aman Singh who has been granted bail by this Court on 7.8.2023 in Crl. Misc. Bail Application No.8909 of 2023. He has submitted that he is adopting the same arguments and grounds taken in the case of co-accused Aman Singh. He has explained criminal history of applicant satisfactorily in para-36 and 38 of the bail application and in para-3 of the supplementary affidavit dated 6.11.2023. He ha submitted that the applicant is in Jail since 19.8.2023.

¶5On the other hand, learned AGA has opposed the prayer for bail but could not dispute the fact that co-accused Aman Singh has been granted bail and the case of the applicant is at par with the co-accused.

¶6Considering the over all facts and circumstances of the case, the argument that the co-accused has been granted bail and the case of the applicant is at par with the co-accused, it is a fit case for bail.

¶7Let the applicant Adarsh Singh @ Akash Raghuvanshi 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.

¶8It 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 :- 7.11.2023 Rajneesh JR-PS) High Court of Judicature at Allahabad, Lucknow Bench