Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11917 of 2021 Applicant :- Praveen And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Sunil Vashisth,Ashish Singh,Manju Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.
The present bail application has been filed by the applicants with a prayer to enlarge them on bail in Case Crime No.393 of 2020, under Sections 147, 148, 323, 324, 308, 302, 504 I.P.C., Police Station Parikshit Garh, District Meerut.
Learned counsel for the applicants submits that according to the FIR version on 1.12.2020, applicants and co-accused Sunil and Ompal abused and committed marpeet with lathi and danda. He further submits that it is alleged that Vinod, Neetu and Kalu came to intervene and they also committed marpeet with them. He next submits that initially FIR was lodged u/s 323, 324, 308, 504 IPC and thereafter Vinod died in the hospital, therefore, the case was converted u/s 302 IPC. He further submits that general allegation has been levelled against all the accused and co- accused Sunil and Ompal, who have already been granted bail by a co-ordinate Bench of this Court in Criminal Misc.Bail Application Nos.24927 of 2021 and 7704 of 2021, vide orders dated 12.8.2021 and 22.9.2021, respectively. Applicant's case is at par with co-accused released on bail, therefore, he is entitled for bail on the ground of parity. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicants are enlarged on bail, the applicants shall not misuse the liberty of bail. It is next contended that the applicants are languishing in jail since 3.12.2020.
Per contra, learned A.G.A. has opposed the bail, but concedes the factual aspects of the matter.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, general allegation and enlargement of co-accused on bail having identical role, without expressing any opinion on the merit of the case, the applicants are entitled for bail, let applicants-Praveen and Nitin involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicants will not tamper with the evidence and pressurize the witnesses during trial.
(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 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.
(iv) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed, then, the trial court shall initiate proceedings against them, 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 them in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 25.10.2021 m.a.