[email protected] vs State Of Up
2019 Latest Caselaw 6127 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25060 of 2019
 

 
Applicant :- [email protected]
 
Opposite Party :- State Of Up
 
Counsel for Applicant :- Ashish Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ajit Singh,J.

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. 46 of 2019, under Sections 379 & 411 I.P.C., Police Station-Kotwali Nagar Hamirpur, District-Hamirpur and is in jail since 02.03.2019, is seeking enlargement on bail during the trial.

It is submitted by learned counsel for the applicant that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. He next submitted that eight motorcycles and other articles have allegedly been recovered from joint possession of present applicant and other co-accused at one place. There is no independent witness to the said recovery and the same is false and planted. However, similarly placed co-accused Kundan Nishad and Bali Mohammad Alias Kallu have already been enlarged on bail by coordinate Bench of this Court vide orders dated 21.05.2019 and 30.05.2019 passed in Criminal Misc. Bail Application Nos. 21281 of 2019 and 22871 of 2019 respectively 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 Kundan Nishad and Bali Mohammad Alias Kallu who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. The criminal history of the applicant is explained in paragraph 9 of the affidavit filed in support of the bail application.

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, [email protected] 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. 46 of 2019, under Sections 379 & 411 I.P.C., Police Station-Kotwali Nagar Hamirpur, District-Hamirpur 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 :- 9.7.2019

sweta