Citation : 2015 Latest Caselaw 936 ALL
Judgement Date : 29 June, 2015
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 2 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22117 of 2015 Applicant :- Ramu @ Sunil Opposite Party :- State Of U.P. Counsel for Applicant :- Shiva Kant Dubey Counsel for Opposite Party :- Govt. Advocate Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the present case. There is general allegation of mar-peet against the applicant and other co-accused. No specific role has been assigned to the applicant. Co-accused Devendra, Amit Kumar and Nitin, having identical role, have already been granted bail by another Bench of this Court vide order dated 29.01.2015 and 10.02.2015 respectively. Therefore, the applicant is also entitled for bail on the ground of parity. There is no criminal history against the applicant. The applicant is in jail since 29.05.2015.
Per contra learned AGA opposed the prayer for bail and argued that the applicant has committed alleged office. Therefore, the applicant is not entitled for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that the applicant has made out a case for bail.
Let the applicant Ramu @ Sunil involved in Case Crime No. 438 of 2014, under sections 147, 148, 149, 307, 323, 325, 504, 506 IPC, P.S. Jaarana, District Firozabad, 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 with the following conditions:-.
1. The applicant will not tamper with the evidence.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 29.6.2015/v.k.updh.
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