Allowed

Bhola v. State of U.P. and Another

Allahabad HC9 Aug 2018CRLA/3388/2018

Case brief

AI extract

What is this about?

The High Court allowed an appeal against the rejection of bail in a criminal case involving offences under the IPC and SC/ST Act. Relying on the parity principle with co-accused who were granted bail, the Court set aside the impugned order and directed the release of the appellant on bail with conditions.

What did the court decide?

Impugned order rejecting bail set aside; appellant released on bail with personal bond and two sureties.

Bhola Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2018)

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Court No. - 41

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Case :- CRIMINAL APPEAL No. - 3388 of 2018

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Appellant :- Bhola Respondent :- State Of U.P. And Another Counsel for Appellant :- Manish Yadav Counsel for Respondent :- G.A.

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Hon'ble Aniruddha Singh,J.

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Notice on opposite party no.2-Ajay Pal has been served personally, but none is present on behalf of the complainant.

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Heard learned counsel for the appellant and learned AGA for the State and perused the record.

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This criminal appeal has been filed against order dated 11.06.2018 passed by Special Judge, D.A.A., Court No. 6, Firozabad in Bail Application No.1723 of 2018 (Bhola Vs. State of U.P. arising out of Case Crime No. 827 of 2017, under Sections 354, 395, 452, 427 and 504 IPC and Section 3(2)(5) of SC/ST Act, Police Station Tundla, District Firozabad whereby bail application of appellant was rejected.

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According to the prosecution case F.I.R. was lodged against thirteen accused persons, including this accused alleging that on 24.10.2017 they assaulted Ajay Pal Singh.

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Learned counsel for the appellant submitted that co-accused Umesh Yadav and Vinayak Yadav have been enlarged on bail by co-ordinate Bench of this Court vide orders dated 18.5.2018 and 9.5.2018 in Criminal Appeals No. 936 of 2018 and 1007 of 2018 respectively; the case of the appellant is not heinous with the case of the co-accused who have been enlarged on bail, hence the appellant is also entitled for bail on the ground of parity; he is languishing in jail since 2.6.2018 (more than two months); eight criminal cases have been explained; there is no independent witness; general role has been assigned against all the accused persons and if he is enlarged on bail, he will not misuse the liberty of bail and will co-operate with the trial.

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Learned AGA opposed the prayer for bail but admitted that the case of the appellant is identical with the case of co-accused.

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For the foregoing discussions, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the view that the appellant has made out a case for bail. The appeal is allowed. Impugned order dated 11.06.2018 rejecting bail of appellant is hereby set aside.

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Let appellant Bhola involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-

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The appellant will co-operate in the trial.

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2.The appellant will not pressurize/ intimidate the prosecution witness.

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3.The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.

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4.The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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5.The appellant 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Office is directed to send the lower court record to the concerned court immediately, if it has been received.

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Order Date :- 9.8.2018 OP

Bhola v. State of U.P. and Another

Case brief

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Bhola v. State of U.P. and Another

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