Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29414 of 2015 Applicant :- Monu Opposite Party :- State Of U.P.
Counsel for Applicant :- S.S. Shah Counsel for Opposite Party :- Govt. Advocate Hon'ble Ramesh Sinha,J.
Heard S.S. Shah, learned counsel for the applicant, learned A.G.A. appearing for the State and perused the record.
It is submitted by learned counsel for the applicant that similarly placed co-accused Amjad has already been enlarged on bail by another Bench of this Court vide order dated 15.3.2018 passed in Criminal Misc. Bail Application No. 23420 of 2015. He further submitted that since the role of the applicant is identical to that of co-accused Amjad who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. The applicant is in jail since 16.11.2014.
The prayer for bail has vehemently been opposed by learned A.G.A.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A., this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.
Let the applicant-Monu involved in Case Crime No. 859 of 2014, under Sections 364, 302, 394, 411 and 201 I.P.C., P.S. Lisari Gate, district-Meerut be released on bail on his furnishing a personal bond of Rs. two lac with two sureties (one should of his family member) each in the like amount to the satisfaction of the 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. However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same within a period of two months from the date of production of certified copy of this order before the trial court.
The applicant is directed to produce the certified copy of this order before the trial court for its compliance.
Order Date :- 27.4.2018 Faridul