Allahabad High Court
Ram Jatan Kol vs State Of U.P. Through Its Secretary Home on 2 November, 2022
Author: Shekhar Kumar Yadav
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42725 of 2022 Applicant :- Ram Jatan Kol Opposite Party :- State Of U.P. Through Its Secretary Home Counsel for Applicant :- Pradeep Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Shekhar Kumar Yadav,J.
Shri Pawan Kumar Singh, Advocate has filed Vakalatnama on behalf of informant today, is taken on record.
Heard learned counsel for the applicant, learned Additional Government Advocate for the State, learned counsel for the informant and perused the material available on record.
By means of this application, the applicant who is involved in Case Crime No.17 of 2022, under sections 302, 201, 120-B IPC, Police Station Bargarh, district Chitrakoot is seeking enlargement on bail during the trial.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. He is not named in the FIR. His name has come in the confessional statement of co-accused Shivsagar Singh who has already been enlarged on bail by another co-ordinate Bench of this Court by order dated 17.08.2022 passed in Criminal Misc. Bail Application Nos.20770 of 2022, copy of the bail order is filed as Annexure No.11 to this affidavit filed in support of the bail application. He has further submitted that since the role of the applicant is identical to that of co-accused who have already been enlarged on bail, the applicant is also entitled to be enlarged on bail on the ground of parity. The applicant is having no criminal history. He is in jail since 26.03.2022.
The prayer for bail has vehemently been opposed by learned A.G.A. and Shri Pawan Kumar Singh, learned counsel for the informant, however, the aforesaid factual aspect of the matter has not been disputed by them.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A., this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.
Let the applicant- Ram Jatan Kol, involved in the aforesaid case be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions :
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 IPC.
(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., may be issued and if 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 IPC.
(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.
(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 2.11.2022 SFH