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.

The Lucknow Bench of the Allahabad High Court has granted bail to an accused in a rape and POCSO Act case on the condition that once he is out of jail, he will marry the prosecutrix within 15 days from the date of release and get the same registered before the appropriate officer within a month from the date of performing the marriage. He will give all rights to the prosecutrix and his child as wife and daughter.

A single-judge bench of Justice Dinesh Kumar Singh passed this order while hearing a Criminal Misc Bail Application filed by Monu.

The bail application under Section 439 CrPC has been filed by the applicant seeking bail in FIR under Sections 363, 366, 376 IPC, 3/4 POCSO Act, Police Station Neemgaon, District Kheri.

As per the allegations in the FIR, the prosecutrix was enticed away by the accused-applicant in the night of 22-23.03.2022. Medical age of the prosecutrix has been determined to be 17 years. The prosecutrix has delivered a girl child, one month old.

In compliance with the order dated 15.09.2022, the prosecutrix along with her father are present in Court. They have said that they have no objection if the accused-applicant is enlarged on bail provided that the accused-applicant performs marriage with the prosecutrix in accordance with the Hindu rites and rituals and gets the marriage registered. He would give all rights to prosecutrix and the child as his wife and daughter.

Azmi Yusuf, counsel for the accused-applicant, submitted that the accused-applicant is ready and willing to marry the prosecutrix. In fact, they eloped to perform the marriage as they were in love and as soon as the accused applicant comes out of jail, he will perform the marriage with the prosecutrix and also get the same registered.

“Considering the stand of the prosecutrix and her father and taking into consideration the fact that the prosecutrix has already delivered a child from the accused-applicant, who has been in jail since 10.04.2022, and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail,” the Court observed.

The Court ordered that,

Let applicant Monu 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) Soon after the accused-applicant comes out of jail on bail, he will perform the marriage within 15 days from the date of release with the prosecutrix and get the same registered before the appropriate officer within a period of one month from the date of performing the marriage. He will give all rights to the prosecutrix and his child as wife and daughter.

(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 misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 CrPC 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 CrPC. 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.

The Allahabad High Court has granted the bail application of Sarvesh Sharma, accused of murder in Meerut’s Bhawanpur police station.

A Single Bench of Justice Vivek Chaudhary passed this order while hearing a Criminal Misc Bail Application filed by Sarvesh Sharma.

The bail application under Section 439 CrPC has been filed by the applicant, Sarvesh Sharma, who is involved in Case under Sections 147, 302, 201 IPC, P.S- Bhawanpur, District Meerut.

The prosecution case is that the informant solemnized marriage with Ruma Vashishth at Arya Samaj Mandir and got registered their marriage in the office of Sub-Registrar, thereafter, on 22.10.2021 brothers of his wife committed murder of his wife with the help of his friends and burnt her dead body.

It is submitted by the counsel for the applicant that the applicant has been falsely implicated in the case, he is not named in the FIR.

It is further alleged that the sole evidence against the applicant is the statement of Rahul, informant, who has stated that he was told by Asharam that he had seen the applicant along with Neeraj carrying the dead body on a Motorcycle. In the statement of Asharam no such thing has come, therefore the applicant deserves to be released on bail.

It is further submitted that the co-accused, Rahul has already been released on bail by the Court below order dated 09.11.2021. The applicant has no previous criminal history. The applicant has been in jail since 07.01.2022.

Additional Government Advocate has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the counsel for the accused applicant.

“Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the counsel for parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail”, the Court observed.

The Court ordered that,

Let the applicant, Sarvesh Sharma, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-

(1) 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.

(2) 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.

(3) The applicant will not tamper with the prosecution witnesses.

(4) The applicant will not indulge in any illegal activities during the period of bail.

(5) In case of breach of any of the above conditions, the trial court would be at liberty to cancel the bail of the applicant.