Ritesh Jaiswal @ Rishu Jaiswal vs State Of U.P.
2015 Latest Caselaw 3120 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- BAIL No. - 9165 of 2015
 

 
Applicant :- Ritesh Jaiswal @ Rishu Jaiswal
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Ashish Kumar Rastogi
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicant, learned A.G.A and perused the record.

Learned counsel for the applicant submits that the FIR of the alleged incident has been lodged  against eight persons including the applicant making general allegation of firing but the deceased has sustained only three  firearm injuries. It has further been submitted that co-accused Manoj Jaiswal, Rahul Verma, Neeraj Gautam and Shashikant Verma having identical role have already been granted bail by another bench of this Court vide order dated 23.7.2015 and 29.5.2015 respectively, therefore, the applicant is also entitled for bail on the ground of the parity. There is no criminal history of the applicant and is in jail since 15.9.2014.

Per contra, learned A.G.A has opposed the prayer for bail but could not dispute the fact that co-accused having identical role have already been granted bail.

Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Ritesh Jaiswal @ Rishu Jaiswal involved in Case Crime No. 40 of 2014, under Sections  147, 148, 149, 302, 307 IPC and 3/25 Arms Act,  P.S. Kotwali Nagar,  District Barabanki 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 evidences.

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 at liberty to cancel the bail of the applicant.

Order Date :- 13.10.2015

A.