Daya Shankar v. State of U.P. Thru. Prin. Secy./Addl.Chief Home, U.P. Lucknow

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8475 of 2023 Applicant :- Daya Shankar Opposite Party :- State Of U.P. Thru. Prin. Secy./Addl.Chief Home, U.P. Lucknow Counsel for Applicant :- Dinesh Kumar Pushpakar,Anurag Singh Chauhan,Umesh Chandra Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard learned counsel for the applicant and Sri Rajnish Kumar Verma, learned A.G.A. for the State.

¶2The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.400 of 2022 under sections 147, 148, 149 ,504, 506, 342, 323,302 IPC, Police Station Raniganj District Pratapgarh.

¶3It has been submitted by learned counsel for the applicant that general allegation of assault has been levelled in the FIR and the identical role assigned to co-accused Anubhav @ Anubhav Viswakarma has been granted bail by coordinate Bench this Court vide order dated 22.11.2023 passed in Criminal Misc. Bail Application No. 3705 of 2023. He also submitted that he is pressing the same ground as he has pressed in the case of Anubhav @ Anubhav Viswakarma and the case of the applicant is at par with the aforesaid co-accused thus, the applicant may also be granted bail on the ground of parity. The applicant has no previous criminal history and there is no possibility of fleeing away from the judicial process or tempering with the witnesses and in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. The applicant is in jail since 01.11.2022.

¶4Learned A.G.A. has opposed the prayer for bail but could not dispute the fact that co-accused Anubhav @ Anubhav Viswakarma has been granted bail by this Court.

¶5Without expressing any opinion on the merits of the case and after hearing learned counsel for the parties and looking into overall facts and circumstances of the case as well as the argument that the co-accused Anubhav @ Anubhav Viswakarma having similar role has already granted bail by this Court, therefore, I am of the opinion that the applicant is entitled to be released on bail on the ground of parity.

¶6Let the applicant, namely, Daya Shankar, 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. It 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 :- 13.12.2023 dk/ High Court of Judicature at Allahabad, Lucknow Bench