Allahabad High Court
Alkash vs State Of U.P. on 17 May, 2023
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:107258
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15981 of 2023
Applicant :- Alkash
Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Kumar Srivastava,Gaurav Srivastav
Counsel for Opposite Party :- G.A.,Kamlesh Kumar Dwivedi
Hon'ble Saurabh Shyam Shamshery,J.
Applicant -- Alkash has approached this Court for bail in Case Crime No. 365 of 2022, under Sections 147, 148, 323, 302, 34 I.P.C., Police Station- Etmadpur, District- Agra.
Contents of first information report are extracted from a judgment passed by coordinate Bench of this Court in Aarif @ Tillu vs. State of U.P., 2023:AHC:101848 -:
"3. FIR of the present case was lodged against the applicant and eight others and one unknown person and according to the FIR on trivial issue to eat sweet in the marriage function, applicant and others made assault and due to the assault made by them, nephew of informant and number of persons sustained injuries and subsequently, nephew of the informant scummed to his injuries."
Sri Rajesh Kumar Srivastava, learned counsel for applicant submits that similarly situated co-accused Aarif @ Tillu has been granted bail by coordinate Bench of this Court and reasons given therein are referred hereinbelow :-
"7. It is as case in which it appears that in a marriage function on trivial issue scuffle took place between the parties and both the side sustained injuries. However, from the side of informant number of persons sustained injuries and one person lost his life and from the side of applicant only one person sustained injuries but from the record, it further reflects that from the side of informant although there are 6-7 injured but their injuries were not dangerous to life and deceased also sustained only two injuries including one stab wound and only on the basis of general allegation, applicant has been made accused in the present matter alongwith nine others. Further, there is no specific allegation against the applicant that he was armed with any sharp edged weapon like knife and from the side of applicant also one person sustained puncture wound, therefore, considering the facts and circumstances of the case, in my view, applicant is entitled to be released on bail."
Learned counsel further submits that case of applicant is similar and he may be released on bail on the ground of parity.
Sri Paritosh Malviya, learned A.G.A. for State, after going through material on record as well as judgment (supra), fairly submits that at this stage, role of applicant cannot be distinguished.
Considering above submissions and taking note of above referred reasons given by coordinate Bench in judgment (supra) as well as applicant has similar role, therefore, the Court has no reason to take any other view.
In these circumstances, the applicant who is in jail since 14.03.2023 has made out a case for bail on the basis of parity.
Let the applicant- Alkash 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 concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment or exemption from appearance on the date fixed in trial. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iii) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.
(iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of applicant, if there is no other legal impediment.
(v) Applicant has to appear on each and every date before learned trial Court and any application for exemption of his appearance on vague ground could be a ground for cancellation of bail by learned trial Court immediately.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application.
Order Date :- 17.5.2023
Nirmal Sinha
