Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29648 of 2021 Applicant :- Manish Tiwari Opposite Party :- State of U.P.
Counsel for Applicant :- Rama Shankar Mishra,Awadhesh Kumar Chaudhari Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 125 of 2020, under Sections 302, 323, 504 I.P.C., P.S. Khuthan, District- Jaunpur and is in jail since 27.7.2020, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that similarly placed co-accused, namely, Shani Tiwari, Sachin Upadhyay and Amit Upadhyay have already been enlarged on bail by coordinate Bench of this Court vide orders dated 5.11.2020, 20.10.2020 and 12.10.2020 passed in Criminal Misc. Bail Application Nos. 35951 of 2020, 25351 of 2020 and 29654 of 2020, respectively, copies of bail order are annexed as annexure no. 9 to the affidavit filed in support of the bail application. He further submitted that since the role of the applicant is identical to that of co-accused who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.
Learned A.G.A. though has opposed the prayer for bail, but he accepts the bail parity of the present applicant with co-accused Shani Tiwari, Sachin Upadhyay and Amit Upadhyay.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Manish Tiwari involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). 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;
(3). In case, the applicant misuses the liberty of bail 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 may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 19.8.2021 Kuldeep