HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 17 Case :- BAIL No. - 10664 of 2015 Applicant :- Ram Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Ambrish Tripathi,Beer Singh Bot Counsel for Opposite Party :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.
By means of this application, the applicant who is involved in case crime no. 202 of 2015, under Sections 147, 148, 323, 452, 504, 308 and 304 I.P.C., P.S. Kotwali Karnailganj, district-Gonda, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that similarly placed co-accused Pintu Tiwari has already been enlarged on bail by this Court vide order dated 28.10.2015 passed in Criminal Misc. Bail Application No. 9494 of 2015. He further submitted that since the role of the applicant is identical to that of co-accused-Pintu Tiwari who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.
Per contra learned AGA opposed the prayer for bail. However, the aforesaid factural aspect of the matter has not been disputed by him.
Considering the submissions made by learned counsel for the applicant as well as learned AGA and without expressing any opinion on the merits of the case, I find it to be a fit case for bail on the ground of parity.
In view of the above, let the applicant- Ram Singh 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 in case crime no. 202 of 2015, under Sections 147, 148, 323, 452, 504, 308 and 304 I.P.C., P.S. Kotwali Karnailganj, district-Gonda with the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him;
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 24.11.2015 Faridul