High Court
Case Details
Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51211 of 2022 Applicant :- Rohit Ram Opposite Party :- State of U.P. Counsel for Applicant :- Satya Priya Upadhyay,Chandra Shekhar Singh Counsel for Opposite Party :- G.A. Hon'ble Saral Srivastava,J. Heard learned counsel for the applicant, Munni Lal, learned A.G.A. appearing for the State and perused the record. The present bail application has been moved on behalf of applicant in Case Crime No.111 of 2021, under Section 302 I.P.C., Police Station Bhawarkol, District Ghazipur with a prayer to enlarge him on bail. This is the second bail application moved on behalf of the
Facts
applicant. The first bail application being Crl. Misc. Bail Application No.1341 of 2022 was rejected by a Co-ordinate Bench of this Court vide order dated 04.04.2022 on the ground that there was recovery of mobile phone from the possession of the applicant.
Legal Reasoning
ordinate Bench of this Court in the same case crime number vide order dated 29.09.2022 in Crl. Misc. Bail Application No.16774 of 2022, copy of which is enclosed as Annexure-10 to the affidavit filed in support of the bail application. Thus, it is submitted that the case of the applicant stands on much better footing than that of the co-accused Govind Ram who is charged with killing of the deceased, inasmuch as only the mobile phone has been recovered from the possession of the applicant. It is further submitted that another co-accused Doodh Nath Ram has also been granted bail in the case crime number by a Co-ordinate Bench of this Court vide order dated 01.02.2023 in Crl. Misc. Bail Application No.1222 of 2022 on the ground of parity, copy of which has been produced and the same is taken on record. Therefore, in such view of the fact, the applicant is also entitled for bail on the ground of parity. The applicant has no other criminal history. The applicant is languishing in jail since 31.08.2021. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre-trial stage, therefore, applicant does not deserve any indulgence. In case, the applicant is released on bail he will misuse the bail. Considering the fact that since the co-accused Govind Ram who is charged with stabbing the deceased by knife and recovery of knife used in the commission of offence from his possession, has already been granted bail by a Coordinate Bench of this Court vide 29.09.2022 in Crl. Misc. Bail Application No.16774 of 2022 and giving the benefit of the bail granted to the said co-accused, another co-accused Doodh Nath Ram has also been granted bail by a Coordinate Bench of this Court vide order dated 01.02.2023 in Crl. Misc. Bail Application No.1222 of 2022 and further in view of the law laid down by this Court in the case of Nirmala Second Bail Vs. State of U.P. in Crl. Misc. Bail Application No.12363 of 2021 that if a co-accused has been granted bail, the second bail application can be considered on the ground of parity. Therefore, in such view of the facts and circumstances of the case and also the law laid down by this Court, and further considering the submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. Let the applicant-Rohit Ram involved in Case Crime No.111 of 2021, under Section 302 I.P.C., Police Station Bhawarkol, District Ghazipur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not tamper with the evidence or threaten the witnesses. (ii) 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. (iii) 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. (iv) In case, the applicant misuse 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 fail 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. (v) 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. Accordingly, the bail application is allowed. Order Date :- 7.4.2023 NS Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad
Arguments
The new ground which has been argued by the learned counsel for the applicant is that the co-accused Govind Ram who is charged with killing the deceased by knife and recovery of knife was also made from his possession on the pointing out of co-accused Doodh Nath Ram and the said co-accused has been granted bail by a Co-