Heard learned counsel for the accused-applicant and learned A.G.A. appearing for the State and perused the record of the case.
It is submitted by accused-applicant that co-accused Pavan Gupta has already been granted bail by another Bench of this Court vide order dated 18.07.2016 passed in Criminal Misc. Bail Application No. 22658 of 2016 - (Pavan Gupta Vs. State of U.P.). This fact has not been denied by learned counsel for the complainant. Copy of which have been produced and the same is taken on record.
Counsel for the accused-applicant further submits that since the role of the applicant is identical to that of the co-accused, who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Learned counsel for the accused-applicant lastly submits that the applicant is in jail since 02.04.2016.
The prayer for bail has been vehemently opposed by learned A.G.A. However, he does not dispute the fact that the similarly placed co-accused has been granted bail by this Court.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant - Nakhdu, involved in Case Crime No. 466 of 2016, under Section 302 I.P.C, Police Station Line Bazar, District Jaunpur, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with 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 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.
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 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.
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 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.
Order Date :- 22.07.2016.
Vinod.