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Neutral Citation No. - 2025:AHC:123408 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15494 of 2023 Applicant :- Karan Jaat Opposite Party :- State of U.P. Counsel for Applicant :- Manish Kumar Singh,Shikher Trivedi Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J.
1. Heard Sri Manish Kumar Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 544 of 2021, under Sections 394, 411 I.P.C., Police Station Sikandara, District Agra, during the pendency of the trial. 3. Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in this case due to ulterior motive and he is languishing in jail since 31.8.2021. The applicant is not named in the FIR. It is next submitted that the applicant has been attributed criminal history of 31 cases, which have been explained in para-16 of the affidavit filed in support of the bail application as well as in para-3 of of the supplementary affidavit and applicant has been released on bail in all those cases. He next submitted that co-accused, namely, Suraj and Arif Khan having identical role, have already been granted bail by Co-ordinate Bench this Court, vide order dated 11.4.2022, passed in Criminal Misc. Bail Application No.7383 of 2022 and order dated 18.5.2022, passed in Criminal Misc. Bail Application No.9719 of 2022, respectively. In these circumstances, the applicant is also entitled for bail on the ground of parity. In case of being enlarged on bail, he will not misuse the liberty of bail. 4. Learned A.G.A. has opposed the prayer for grant of bail to the applicant but could dispute the assertions made on behalf of the applicant. 5. Considering the submissions made by learned counsel for the applicant and the fact that the co-accused Suraj and Arif Khan, having identical role, have already been enlarged on bail by this Court, without expressing any opinion the merits of the case, the applicant is released on bail. 6. Let the applicant-Karan Jaat, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 IPC. (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., may be issued and if 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 IPC. (iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 25.7.2025 Ranjeet Sahu Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad