Rakesh vs State Of U.P.
2016 Latest Caselaw 3350 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18033 of 2016
 

 
Applicant :- Rakesh
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Santosh Kumar Dubey
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Abhai Kumar,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

I have perused the prosecution story as set up in the F.I.R and also the bail rejection order.

Learned counsel for the applicant submits that F.I.R was unnamed, later on complicity of accused - applicant came into picture and co-accused Sunil and another and Sheruddin @ Sherdin have already been enlarged on bail by this Court vide Criminal Misc. Bail Application No. 17706 of 2016 (Sunil and another Vs. State of U.P.) and Criminal Misc. Bail Application No. 13280 of 2016 (Sheruddin @ Sherdin Vs. State of U.P) on 26.05.2016 and 27.04.2016 respectively, copies of which have been produced and the same are taken on record. He 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 applicant lastly submits that the applicant is in jail since. 08.01.2016.

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 have been granted bail by this Court.

Considering the submissions made by the learned counsel for the applicants as well as learned A.G.A and the fact that identically placed co-accused have 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 - Rakesh involved in Case Crime No. 384 of 2015, under Sections 395, 412 of I.P.C, Police Station Rabupura, District Gautam Buddh Nagar, 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 :- 01.06.2016.

Vinod.