Vishal [email protected] Rajbabu ... vs State Of U.P.
2022 Latest Caselaw 7534 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 70
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28813 of 2022
 

 
Applicant :- Vishal [email protected] Rajbabu Vishwakarma
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Praveen Kumar Singh,Syed Imran Ibrahim
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ajay Bhanot,J.

By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.145 of 2020 at Police Station Jaitpura District Varanasi under Sections 147, 148, 149, 302, 307, 120B, 216A, 34 IPC. The applicant is in jail since 08.10.2020.

The bail application of the applicant was rejected by learned Sessions Judge, Varanasi on 09.06.2022 .

Shri Syed Imran Ibrahim, learned counsel for the applicant claims parity with the various co-accused persons who have been accused of conspiracy in the murder and have been enlarged on bail by this Court by judgment rendered in Criminal Misc. Bail Application No. 51806 of 2021 on 27.05.2022. The learned Single Judge has dealt with entire matter in extenso. The parity is rightly claimed. Learned counsel for the applicant has explained the criminal history of the applicant and contends that the same has no bearing on the instant case.

Learned A.G.A for the State could not satisfactorily dispute the aforesaid submissions.

I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.

In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

Let the applicant-Vishal [email protected] Rajbabu Vishwakarma be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

(i) The applicant will not tamper with the evidence during the trial.

(ii) The applicant will not influence any witness.

(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.

In case any averment in the bail application or during the course of argument is found to be false or in case of breach of any of the above condition the State may move an application for cancellation of bail application.

Order Date :- 20.7.2022

Nadeem