Pramod v. State of U.P

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record. The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.1261 of 2020, under Sections 302, 504, 506 IPC, Police Station Soraon, District Prayagraj. Learned counsel for the applicant submits that seven persons were named in the first information report and during the course of investigation, all the named accused persons have been exonerated and on the basis of general allegation and recovery of mobile phone of the deceased from the joint possession of the applicant and co-accused Vinod Kumar, they have been implicated in the present case. He further submits that the co- accused, Vinod Kumar has been granted bail by co-ordinate Bench of this Court vide order dated 25.05.2022 in Criminal Misc. Bail Application No.5305 of 2022, therefore, the case of the applicant is at par with the co-accused, Vinod Kumar, who has been granted bail and therefore, the applicant is also entitled for bail on the ground of parity. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is criminal history of one case bearing Case Crime No.96 of 2017, under Sections 279, 337, 338 I.P.C., Police Station Soraon, District Prayagraj in which compromise has been taken place between the parties and the same has been explained in Para 19 of the rejoinder affidavit filed in support of this bail application. The applicant is languishing in jail since 07.02.2021. Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact that co- accused has already been released on bail. Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties and also perusing the material on record, named accused exonerated during the course of investigation, subsequent involvement of the applicant on the basis of recovery of mobile phone of deceased from the joint possession of applicant and co-accused as well as enlargement of co-accused, Vinod Kumar on bail, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Pramod involved in aforesaid case crime be released on bail on his/her furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :- (i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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. Order Date :- 18.8.2022 Zafar ZAFAR ANSARI Reason: Location: High Court of Judicature at Allahabad