BA2/317/2022
2023 Latest Caselaw 896 UK

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                                 BA2 No.317 of 2022

                                 Hon'ble Sharad Kumar Sharma, J.

Mr. S.K. Shandilya, learned counsel for the applicant.

Ms. Meena Bisht, learned Brief Holder for the State.

This is the second application. The first bail application stood rejected by this Court by an order dated 07.07.2022, on the ground that the pleading, which has been raised by the applicant therein with regards to his history of criminal cases, there was a concealment, as the detail of the criminal history was not provided, as it was referred to in the judgment of conviction in paragraph no.7.

The second bail application has been preferred and the learned counsel for the applicant presses the second bail application on the ground that:-

1) There is no specific role assigned to the present applicant because as per the allegations levelled in the FIR, he was only accompanying the principal accused person.

2) That the principal accused person -

Yashpal Tomar has already been granted bail by the Co-ordinate Bench of this Court on 06.05.2022.

3) He submits that as per the pleadings raised in paragraph no.21 that non- disclosure of the fact of history of litigation against the present applicant, was on account of inadvertent error, as the counsel who had then appeared could not point out the same as per the observation made in paragraph no.7 of the judgment impugned under challenge.

4) The total punishment which is contemplated is three years and, out of that, the applicant has already served eight months.

Considering the aforesaid grounds, the second bail application would stand allowed.

As a consequence thereto, the applicant is directed to be released on bail, subject to furnishing of his personal bond and two sureties in the like amount to the satisfaction of the Magistrate concerned.

(Sharad Kumar Sharma, J.) 01.04.2023 Sukhbant