HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 13
Case :- BAIL No. – 1819 of 2020
Applicant :- Jai Shankar Prasad Mishra
Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Kumar Singh
Counsel for Opposite Party :- G.A.
Hon’ble Dinesh Kumar Singh,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The present bail application has been filed by the applicant in Case Crime No.400 of 2018 under Sections 498A, 304B IPC, 3/4 Dowry Prohibition Act, Police Station Ramkot, Sitapur.
3. Learned counsel for the applicant submits that the co-accused, having similar role, has been granted bail by this Court in Bail No.8161 of 2019 vide order dated 27.11.2019. He, therefore, submits that the accused-applicant is also entitled for bail on the ground of parity. The applicant has no previous criminal history. These facts are not disputed by Mr. Rao Narendra Singh, learned A.G.A.
4. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
5. Let applicant, Jai Shankar Prasad Mishra be released on bail in the aforesaid case on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following conditions :-
(i) The applicant shall file an undertaking to the effect that he/she 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/her 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/her, 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/her in accordance with law.
Order Date :- 24.2.2020