Court granted bail to the applicant in a criminal offense case, citing parity with a co-accused and referencing relevant Supreme Court precedents, directing the trial court to expedite the proceedings.
Released on bail on personal bond and two local sureties subject to specific conditions.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25552 of 2018
Applicant :- Raj Narayan Chamar @ Bablu Opposite Party :- State Of U.P. Counsel for Applicant :- Arvind Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Arvind Kumar Yadav, learned counsel for the applicant, Sri Prashant Kumar, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Raj Narayan Chamar @ Bablu with a prayer to enlarge him on bail in Case Crime No.693 of 2017, under Sections 308, 323, 364, 376-D, 377 I.P.C., Police Station Sarpataha, District Jaunpur.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is next argued that the applicant is not named in the FIR and his name surfaced during investigation. Co-accused Chandrabhan @ Bhanu, having identical role, has been granted bail by a co-ordinate Bench of this Court vide order dated 21.03.2018 passed in Crl. Misc. Bail Application No.10648 of 2018. Accordingly, the applicant is also entitled for bail on the ground of parity. Criminal history of the applicant is explained in para 16 of the affidavit filed in support of the bail application. Learned counsel has also pressed this bail application on the ground of detention as the applicant is in jail since 28.10.2017. It is next contended that there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. Accordingly, he requests for bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for 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 , without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the
like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall not indulge in any criminal activity. (ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
However, the trial court is directed to expedite the trial of the present case and conclude the same expeditiously from the date of receipt of certified copy of this order, keeping in view the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India & Another reported in AIR 2018 (SC) 2440 , if there is no legal impediment.
Order Date :- 23.7.2019 Anand Sri./-
1 issue framed by the court
Whether the applicant is entitled to be released on bail considering the grounds of parity and nature of interment.
Colour shows how this judgement treated each authority
Dataram Singh vs. State of U.P. and anotherReferred¶9
Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22 · Who else cites this
Alakh Alok Srivastava Vs. Union of India & AnotherReferred¶15
Alakh Alok Srivastava Vs. Union of India & Another reported in AIR 2018 (SC) 2440 · Who else cites this
Raj Narayan Chamar @ Bablu
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
