Allahabad High Court
Anuj Pratap vs State Of U.P. on 9 May, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19574 of 2019
Applicant :- Anuj Pratap
Opposite Party :- State Of U.P.
Counsel for Applicant :- Abhay Raj Singh
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Supplementary affidavit filed on behalf of the applicant and Sri Nagendra Kumar Singh, learned counsel filed Vakalatnama on behalf of complainant, are taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record.
It is contended by the learned counsel for the applicant that 6 persons have been made accused in the present case and it is a case of single shot. It is argued by the learned counsel for the applicant that it is not known as to who had fired shot which had caused injury to the deceased. It has further been submitted that applicant is innocent and has falsely been implicated in the present case due to ulterior motive. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. It has further been submitted that co-accused Shyam Veer Singh, Hosiyar Singh and Pawan Kumar Singh having identical role have already been released on bail by another bench of this court and by this court vide orders dated 10.10.2017, 7.5.2019 and 2.5.2019 respectively, therefore, the applicant is also entitled for bail on the ground of parity. The criminal history of the applicant has been explained in para 4 and 5 of the supplementary affidavit filed in support of bail application. The applicant is in jail since 25.2.2019.
Per contra; learned counsel for the complainant as well as learned A.G.A. have opposed the prayer for bail and argued that applicant and other co-accused have committed the alleged offence, therefore, he is not entitled for bail but they could not dispute the aforesaid fact that co-accused Shyam Veer Singh, Hosiyar Singh and Pawan Kumar Singh having identical role have already been released on bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Anuj Pratap involved in Case Crime No. 702 of 2016, under section 147, 148, 149, 302 IPC, P.S. Dataganj, District Budaun be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant will not tamper with the evidence.
2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 9.5.2019
Masarrat
