Allahabad High Court
Paras Nath Yadav vs State Of U.P. on 13 October, 2020
Author: Rajiv Joshi
Bench: Rajiv Joshi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30450 of 2020 Applicant :- Paras Nath Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Tripathi Counsel for Opposite Party :- G.A.,Shahzad Alam Hon'ble Rajiv Joshi,J.
Heard Sri A.K. Tripathi, learned counsel for the applicant, Sri V.M. Zaidi, learned Senior Advocate assisted by Sri M.J. Akhtar, learned counsel for the complainant and learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the case of the applicant is identical to that of co-accused Gaurav Yadav, Chalhar, Navnath Yadav, Chirag, who have been granted bail by this Court vide orders dated 23.7.2020, 26.8.2020, 8.10.2020 and 8.10.2020 passed in Crl. Misc. Bail Application Nos. 14411 of 2020, 21843 of 2020, 25121 of 2020 and 25175 of 2020, hence the applicant is also entitled to be released on bail on the ground of parity. He submits that so far as criminal history of the applicant is concerned, the same has been duly explained in paragraph nos. 6 to 11 of the second supplementary affidavit filed on 4.10.2020. The applicant is in jail since 12.11.2019.
Learned counsel for the complainant and learned A.G.A. opposed the prayer for bail.
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 tampering 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 Paras Nath Yadav, involved in Case Crime No. 378 of 2019 under sections 147, 148, 323, 504, 506, 302, 34, 307, 325 I.P.C., police station Jhagaha, District Gorakhpur, be released on bail on his furnishing a personal bond of Rs. One lac with two sureties (out of which one should be 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.
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 trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of one year from the date of production of a certified copy of this order, if there is no legal impediment.
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 :- 13.10.2020 S.K.