Allowed

Sachin v. State of U.P.

Allahabad HC14 May 2019BAIL/19312/2019

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 19312 of 2019, this Court released the applicant on bail after considering the parity principle with a co-accused and citing the apex court precedent in Dataram Singh. The release was conditioned upon furnishing a personal bond and sureties.

What did the court decide?

Release on bail furnished by personal bond and two sureties in the amount to the satisfaction of the court concerned.

Sachin Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2019)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19312 of 2019

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Applicant :- Sachin Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjeev Kumar Pandey,Rohit Nandan Pandey

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Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Sri Rohit Nandan Pandey, learned counsel for the applicant, Sri Pankaj Srivastava, learned A.G.A. for the State and perused the material on record.

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The instant bail application has been filed on behalf of the applicant, Sachin with a prayer to release him on bail in Case Crime No. 24 of 2019, under Sections 147, 148, 149, 307, 120-B IPC, Police Station- Ecotech-I, District-Gautam Budhh Nagar, during pendency of trial.

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It is argued by the learned counsel for the applicant that the applicant is not named in the F.I.R. and has been falsely implicated in the present case due to ulterior motive. The coaccused-Azad @ Ajju has been granted bail by this Court vide order dated 19.04.2019 passed in Criminal Misc. Bail Application No. 16222 of 2019, copy of which order has been appended as Annexure no.5 to the affidavit accompanying the bail application and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 04.02.2019. The criminal history of applicant has been explained in paragraph no.20 of the affidavit accompanying the bail application. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.

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Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

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Having considered the submissions of the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without

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expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime 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 with the following conditions that :-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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

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Order Date :- 14.5.2019 JK Yadav

Sachin v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sachin v. State of U.P.

Case brief

What is this about?

What did the court decide?

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