Allahabad High Court
Mithun @ Arvind vs State Of U.P. on 14 February, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2150 of 2023
Applicant :- Mithun @ Arvind
Opposite Party :- State of U.P.
Counsel for Applicant :- Shashank Yadav,Kuldip Singh Yadav
Counsel for Opposite Party :- G.A.,Sanjay Kumar Yadav,Saroj Kumar Yadav
Hon'ble Siddharth,J.
Supplementary affidavit filed by learned counsel for the applicant is taken on record.
Heard learned counsel for the applicant; Shri Surya Pratap Singh holding brief of Shri Sanjay Kumar Yadav, learned counsel for the informant and learned A.G.A for the State.
The submission is that co-accuseds, Vimal [email protected] Bala and Vikash Yadav @ Vikka @ Rajeev, have already been enlarged on bail vide Criminal Misc. Bail Application No. 56414 and 59015 of 2022 on 31.1.2023 and 3.2.2023 and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail for the reasons given in bail application of co-accused on the ground of parity. The applicant is in jail since 20.8.2022. Applicant has criminal history of three cases, which has been explained in paragraph-4 of the supplementary affidavit.
On the other hand learned A.G.A. and learned counsel for the informant have opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Mithun @ Arvind, involved in Case Crime No. 600 of 2022, under Sections 147,148,149,302/34,120-B IPC, Police Station- Shikohabad District- Firozabad, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1.Applicant will report his presence before the police station Shikohabadl in the first week of every month till the conclusion of trial.The presence of the applicant will also be communicated to the trial court in every week.
2. The applicant will not tamper with the evidence during the trial.
3. The applicant will not pressurize/ intimidate the prosecution witness.
4. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
5. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
6. The applicant 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.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 14.2.2023
Atul kr. sri.
