Jaichandra vs State Of U.P.
2016 Latest Caselaw 4379 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 28
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23798 of 2016
 

 
Applicant :- Jaichandra
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Rahul Kumar Tripathi
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Abhai Kumar, J.

Supplementary affidavit on behalf of accused-applicant filed today, which is taken on record.

Ramanuj Tripathi, Advocate has filed his Vakalatnama, on behalf of complainant, which is taken also taken on record.

It is submitted by accused - applicant that co-accused Amarchandra has already been granted bail by another Bench of this Court vide order dated 13.07.2016 passed in Criminal Misc. Bail Application No. 22330 of 2016. This fact has not been denied by learned counsel for the complainant. Copy of which have been produced and the same is taken on record.

Counsel for the accused-applicant further submits that since the role of the applicant is identical to that of the co-accused, who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Learned counsel for the accused-applicant lastly submits that the applicant is in jail since 22.02.2016.

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

Considering the submissions made by the learned counsel for the acused-applicant as well as learned A.G.A and the fact that identically placed co-accused has already been enlarged on bail, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view will not in any manner adversely affect the case of the prosecution.

In view of the above, let the applicant ? Jaichandra involved in Case Crime No. 50 of 2016, under Sections 147, 148, 149, 307, 302, 354/34, 504 and 506 of I.P.C, Police Station - Tappal, District ? Aligarh, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

1. The applicant shall not tamper with the prosecution evidence.

2. The applicant shall not pressurize the prosecution witnesses.

3. The applicant shall appear on the date fixed by the trial Court.

In case of default of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.

Order Date :- 20.07.2016.

Vinod.