Keshav and Another v. State of U.P

Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45503 of 2023 Applicant :- Keshav And Another Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Singh Chahar,Kapil Kumar Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.

¶1Heard learned counsel for the applicants and learned A.G.A. for the State and perused the material on record.

¶2By means of this application, the applicants Keshav and Rajendra, who are involved in Case Crime No.122 of 2023, under Sections 302, 120B, 147, 148, 149, 392, 34 Indian Penal Code 1860, Police Station Shergarh, District Mathura and is in jail since

03.05.2023., is seeking enlargement on bail during the trial.

¶3It is submitted by learned counsel for the applicants that similarly placed co-accused, Saurav@Bhola, has already been enlarged on bail by this Court by order dated 24.08.2023 passed in Criminal Misc. Bail Application No. 37319 of 2023. He has further submitted that since the role of the applicants are identical to that of co-accused, Saurav@Bhola, who has already been enlarged on bail, they are also entitled to be enlarged on bail on the ground of parity and for the reasons given in the order of co-accused.

¶4The prayer for bail has vehemently been opposed by learned A.G.A.

¶5Considering the submissions made by learned counsel for the applicants as well as learned A.G.A., this Court is of the view that the applicants have made out a case for grant of bail on the ground of parity.

¶6In view of the above, let the applicants be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-

(i) The applicants shall not tamper with the evidence or threaten the witnesses.

(ii) The applicants 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.

(iii) The applicants shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

(iv) In case the applicants 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.

(v) The applicants 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.

¶7In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶8Identity and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 28.10.2023 A.N. Mishra High Court of Judicature at Allahabad