1. Heard Sri Vinod Kumar, learned counsel for the applicants as well as learned Additional Government Advocate for the State through video conferencing in view of COVID-19 pandemic.
2. The present bail application has been filed on behalf of the applicants seeking bail in pursuance to the First Information Report registered as Case Crime No. 34 of 2021, under Sections 147, 148, 323, 307 I.P.C., Police Station - Ramkot, District - Sitapur.
3. Submission of learned counsel for the applicant is that the applicants are innocent, they have not committed any offence and they have been falsely implicated in the present case for ulterior motive. It is further submitted that in the first information report no specific role has been assigned to the applicants and no recovery of any weapon has been recovered from them. Lastly it is submitted that co-accused of this case namely Narendra Shukla, has already been granted bail by this Court, therefore, on the ground of parity, the applicants are also entitled for bail. The applicants are in jail since 17.02.2021.
4. Learned A.G.A. has, however, opposed the prayer for grant of bail but he has not disputed that co-accused of this case Narendra Shukla has already been granted bail.
5. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and the fact that co-accused of this case Narendra Shukla has already been granted bail, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
6. Let applicants Ramkripal Shukla and Jitendra Shukla @ Omi be released on bail in Case Crime No. 34 of 2021, under Sections 147, 148, 323, 307 I.P.C., Police Station - Ramkot, District - Sitapur, on their furnishing a personal bond by each and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following conditions :-
(i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants misuses 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 in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) 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 applicants 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.
7. In case of breach of any of the above conditions, the Court below shall be at liberty to cancel the bail and proceed against the applicants in accordance with law.
8. The application stands disposed of.
9. The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by them alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
10. The concerned Court/Authority/Official shall verify the authenticity of the 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 :- 30.4.2021 A. Verma (Alok Mathur, J.)