Nepal Singh vs State Of U.P.
2016 Latest Caselaw 6582 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35698 of 2016
 

 
Applicant :- Nepal Singh
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Pradeep Kumar Shukla
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Vipin Sinha, J.

Heard learned counsel for the applicant and learned AGA for the State.

The present bail application under Section 439 Cr.P.C. has been filed on behalf of the applicant for enlarging him on bail in Case Crime No. 311of 2016, under Sections 354, 366, 367, 467, 468, 471, 411 I.P.C, Police Station ? Baradari, District ? Bareilly.

Learned counsel for the applicant submitted that similarly placed co-accused ? Sachin Patel has been granted by this Court vide order dated 04.10.2016 passed in Criminal Misc. Bail Application No. 26006 of 2016 - (Sachin Patel Vs. State of U.P) and the applicant whose role is identical of that co-accused - Sachin Patel.

He lastly submitted that the applicant who has no criminal antecedents to his credit and is in jail since 14.10.2016 is entitled to be enlarged on bail on the ground of parity during the pendency of his trial.

The prayer for bail has been vehemently opposed by learned A. G. A.

Considering the submission made by learned counsel for the applicant and the fact that the similarly placed co-accused ? Sachin Patel has been granted bail by this Court, the applicant is also entitled to be released on bail on the ground of parity.

Let the applicant ? Nepal 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. 311 of 2016, under Sections 354, 366, 367, 467, 468, 471, 411 I.P.C, Police Station ? Baradari, District ? Bareilly, and also subject to the following conditions :-

1. The applicant shall attend the court according to the conditions of the bond executed by him;

.

2. 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.

.

In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

Order Date :- 20.10.2016

Vinod.