The Allahabad High Court has granted conditional bail to Amit, accused of murder in Police Station- Loni, District- Ghaziabad.
A Single Bench of Justice Siddharth passed this order while hearing a Criminal Misc Bail Application filed by Amit.
By means of the application, the applicant, Amit, who is involved in Case under Sections- 302, 307, 147, 148, 149 IPC, Police Station- Loni, District- Ghaziabad, and is in jail since 09.06.2018, is seeking enlargement on bail during the trial.
This is the second bail application of the applicant. The first bail application of the applicant was rejected by the coordinate Bench of the court for want of prosecution on 28.07.2021.
Counsel for the applicant has submitted that the informant has not supported the allegation made in the FIR. He has neither admitted lodging FIR nor witnessing the incident.
He has also submitted that co-accused, Vikas, has been enlarged on bail vide Criminal Misc Bail Application on 18.07.2023 by the order dated 18.07.2023.
It is submitted by the counsel for the applicant that similarly placed co-accused, Vikash, has already been enlarged on bail by the Court by order dated 18.07.2023.
He has further submitted that since the role of the applicant is identical to that of co-accused Vikash, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity and for the reasons given in the order of co-accused.
The applicant has been languishing in jail since 09.06.2018. Trial will take time to conclude. There are 14 prosecution witnesses in all the cases.
The prayer for bail has vehemently been opposed by AGA.
“Considering the submissions made by the counsel for the applicant as well as A.G.A, the Court is of the view that the applicant has made out a case for grant of bail on the ground of parity”, the Court observed.
The Court ordered that,
In view of the above, let the applicant be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the 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 as directed by the Court. 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 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.
(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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.