Raj Kumar And Another vs State Of U.P.
2023 Latest Caselaw 4223 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 83
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6489 of 2023
 

 
Applicant :- Raj Kumar And Another
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Ajay Dubey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Krishan Pahal,J.

1. List has been revised.

2. Heard Shri Ajay Dubey, learned counsel for the applicant as well as Shri V.K.S. Parmar, learned A.G.A. for the State and perused the record.

3. Applicants seek bail in Case Crime No. 54 of 2022, under Sections 147, 323, 304 I.P.C., Police Station Barahan, District Agra, during the pendency of trial.

4. It is submitted by learned counsel for the applicants that similarly placed co-accused persons, Sunil Kumar and Mansuk @ Masuk @ Tilak Singh have already been enlarged on bail by this Court vide orders dated 13.9.2022 & 8.12.2022 passed in Criminal Misc. Bail Application Nos. 36787 of 2022 and 55073 of 2022, respectively. The applicant nos. 1 & 2 are languishing in jail since 19.1.2023 & 22.1.2023, respectively, having no criminal antecedents to their credit. He further submitted that since the role of the applicants is identical to that of co-accused persons, who have already been enlarged on bail, they are also entitled to be enlarged on bail on the ground of parity.

5. The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspects of parity to the co-accused and of no criminal history of the applicants, have not been disputed by him.

6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and also taking into consideration the judgment of the Apex Court passed in the case of Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 and the judgment of this Court passed in the case of Nanha S/o Nabhan Kha vs. State of U.P., 1993 Cri.L.J. 938, and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail on the ground of parity. The bail application is allowed on the ground of parity.

7. Let the applicants- Raj Kumar and Manveer Singh involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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

(ii) The applicants will not pressurize/ intimidate the prosecution witness.

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

(iv) The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.

(v) The applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

8. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

9. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.

10. It is made clear that observations made in granting bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion on the testimony of the witnesses.

Order Date :- 9.2.2023

Vikas