Hari Prasad Mishra vs State Of U.P.
2016 Latest Caselaw 3351 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18094 of 2016
 

 
Applicant :- Hari Prasad Mishra
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Pradeep Yadav
 
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.

Sri Pradeep Yadav, counsel for the applicant has filed supplementary affidavit today, is taken on record.

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 co-accused - Om Prakash Harijan has already been enlarged on bail by this Court vide Criminal Misc. Bail Application No. 15847 of 2016 (Om Prakash Harijan Vs. State of U.P.) on 16.05.2016, copy of which has been produced and the same is taken on record. He further submits that since the role of the applicant is identical to that of the co-accused, who has 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 19.02.2016.

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 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 - Hari Prasad Mishra involved in Case Crime No. 04 of 2016, under Sections 394, 411, 323 of I.P.C, Police Station Pawai, District Azamgarh, 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.