Ramandhwaj Singh vs State Of U.P.
2015 Latest Caselaw 4596 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 

 
Case :- BAIL No. - 8742 of 2015
 

 
Applicant :- Ramandhwaj Singh
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Arvind Kumar Kushwaha
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Bala Krishna Narayana,J.

Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.

By means of this application, the applicant who is involved in Case Crime No. 32 of 2015, under sections 420/34, 467, 468, 120B IPC and 3/9 Pariksha Adhiniyam, P.S. Gautampali,  district- Lucknow and is in jail since 26.05.2015, is seeking enlargement on bail during the trial.

Learned counsel for the applicant submitted that similarly placed co-accused Mod. Baseer @ Wasim has been enlarged on bail  by order dated 21.09.2015 passed by this Court in crl. misc. bail application no. 6872 of 2015, copy where of has been produced by learned counsel for the applicant before this Court at the time of hearing of this bail application. He next submitted that since the applicant's role is identical to that of co-accused Mod. Baseer @ Wasim who has been granted bail by this Court,  the applicant who has no reported criminal antecedent and is in jail since 26.05.2015 is entitled to be released on bail  on the ground of parity during pendency of the trial.

The prayer for bail has been vehemently opposed by learned A.G.A.. However, learned AGA does not dispute the fact that similarly placed co-accused Mod. Baseer @ Wasim has been granted bail by this Court.

Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

Let the applicant Ramandhwaj 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. 32 of 2015, under sections 420/34, 467, 468, 120B IPC and 3/9 Pariksha Adhiniyam, P.S. Gautampali,  district- Lucknow subject to 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 :- 26.11.2015

Abhishek Sri