Allahabad High Court
Neeraj Kumar vs State Of U.P. Thru. Prin. Secy. Home Lko. on 17 May, 2023
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:34569 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6458 of 2023 Applicant :- Neeraj Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Pawan Kumar Maurya,Vikas Sharma Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that name of the applicant has surfaced in CD parcha No. 80. Role of conspiracy is alleged on the applicant, however, no direct role is attributed to the applicant. Main accused Arvind Verma has been enlarged on bail by the coordinate Bench of this Court vide order dated 17.03.2023 passed in bail No. 2354/2023. Another co-accused namely Vandana Verma has also been granted interim protection by this Court vide order dated 03.03.2023 passed in Criminal Misc. Anticipatory Bail Application No. 635/2023. Offences are triable by magistrate. The applicant has no criminal history. He is in jail since 28.02.2023. Learned counsel for the applicant seeks parity with the bail order of the co-accused Arvind Verma.
It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the fact that the applicant is not named in the F.I.R; he is having no criminal history; he is languishing in jail since 28.02.2023; co-accused Arvind Verma has been enlarged on bail by the coordinate Bench of this Court and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Accordingly, the bail application is allowed.
Let the applicant, Neeraj Kumar, involved in Case Crime/F.I.R. No. 708/2022, under Sections 419/420/467/468/471/120-B IPC, Police Station - Vibhuti Khand, District - Lucknow, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) 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.
(v) 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.
(vi) 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.
Order Date :- 17.5.2023 R.C.