Dinesh vs State Of U.P.
2019 Latest Caselaw 5601 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40252 of 2018
 

 
Applicant :- Dinesh
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Rajeev Kumar,Vipin Kumar
 
Counsel for Opposite Party :- G.A.,Devendra Kumar Yadav,Wahid Jamal
 

 
Hon'ble Ajit Singh,J.

Supplementary affidavit filed in court today is taken on record.

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

By means of this application, the applicant who is involved in Case Crime No. 314 of 2017, under Section 307 of I.P.C. Police Station-Gangiri, District-Aligarh and is in jail since 27.07.2018, is seeking enlargement on bail during the trial.

It is submitted by learned counsel for the applicant that F.I.R. was lodged by the victim Adesh himself and in the F.I.R. it has been clearly stated that the applicant-Dinesh along with other co-accused fired upon the complainant and his brother however, they narrowly escaped the fire shots. It has been further submitted that after some days the complainant managed to get the injury report in which Adesh has suffered scattered pellet injury and X-Ray report shows radio opaque shadow, however there is no fracture injury. Learned counsel has next submitted that victim has suffered only a single gun shot injury and the author of the injury has not been specified. He lastly submits that criminal history of the applicant has been explained in the supplementary affidavit filed in support of the bail application. Similarly placed co-accused Bacharam has already been enlarged on bail by coordinate Bench of this Court vide order dated 15.02.2019 passed in Criminal Misc. Bail Application No. 6720 of 2019, copy whereof has been produced by counsel for the applicant. He further submitted that since the role of the applicant is identical to that of co-accused Bacharam who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.

The prayer for bail has vehemently been opposed by learned A.G.A. However, the aforesaid factual aspect of the matter has not been disputed by him.

Considering the submissions made by learned counsel for the applicant as well as learned A.G.A., this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.

In view of the above, let the applicant, Dinesh 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. 314 of 2017, under Section 307 of I.P.C. Police Station-Gangiri, District-Aligarh with the following conditions :-

1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

2. He will not tamper with the witnesses.

3. He will not indulge in any illegal activities during the bail period.

It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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

Order Date :- 8.7.2019

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