Allahabad High Court
Achhaivar Yadav vs State Of U.P. on 8 October, 2020
Author: Ramesh Sinha
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31318 of 2020 Applicant :- Achhaivar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Kumar (Chandraul) Counsel for Opposite Party :- G.A. Hon'ble Ramesh Sinha,J.
Heard Sri Sudhir Kumar (Chandraul), learned counsel for the applicant, Sri Irshad Hussain, learned A.G.A. for the State and perused the record.
It has been contended by learned counsel for the applicant that there were eleven accused persons including applicant out of whom ten accused persons have already been granted bail out of them one of the co-accused Asvind @ Narendra Yadav who has also been granted bail by this Court on 5.12.2019 in Criminal Misc. Bail Application No.53882 of 2019 and the applicant is also entitled to be released on bail on the ground of parity. The applicant is in jail since 22.7.2020.
Learned AGA opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Achhaivar Yadav, involved in Case Crime No.257 of 2019, u/s 147, 148, 149, 307, 302 and 120-B IPC, P.S. Barhalganj, district Gorakhpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned and the court concerned shall take an undertaking from the sureties that the properties movable/immovable which are the basis of accepting the surety, shall not be disposed of by them during the pendency of the trial 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.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it 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.
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 :- 8.10.2020 Gaurav