The High Court allowed the bail application of the accused applicant in a case under Sections 395 and 412 IPC, granting release on bond and sureties based on parity with co-accused and lack of flight risk.
Release on personal bond with two sureties and undertaking to abide by court conditions.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47497 of 2019
Applicant :- Ashish Pasi @ Ashish Paswan Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar Yadav,Atmaram Nadiwal Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No. 241 of 2018, under Sections 395 and 412 I.P.C., Police Station- Jahanaganj, District-Azamgarh, applied for bail.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present; he has committed no offence; entire prosecution story is false and fake. It has further been submitted that the applicant is not named in the FIR and he was not arrested on spot but name of accusedapplicant has come into light in the confessional statement of co-accused prahlad. He further pointed out that co-accused Rahul Yadav and Harikesh Yadav have granted bail by coordinate Bench of this Court vide order dated 12.4.2019 in Criminal Misc. Bail Application No. 13515 of 2019 and the case of the applicant stands of identical footing, hence the applicant is also entitled for bail on the ground of parity. Applicant is in jail since 26.3.2019. It is further submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, she shall not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, keeping in view of bail order of co-accused Rahul Yadav and Harikesh Yadav, evidence collected by I.O. during investigation and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed .
Let applicant Ashish Pasi @ Ashish Paswan be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
However, it is provided that Trial Court shall proceed the trial in view of Section 309 Cr.P.C., expedite and conclude the trial within one year from the date of production of certified copy of this order without granting unnecessary adjournment, if there is no legal impediment. In case, trial is not decided in the stipulated time, Trial Court shall inform this Court explaining entire circumstances and seek further time, otherwise it shall be treated as disobedience of the order of this Court.
Order Date :- 7.11.2019 Chandan
1 issue framed by the court
Whether the applicant is entitled to bail considering parity with co-accords and non-filing of FIR against him?
Ashish Pasi
State of U.P.
Rajendra Kumar-IV
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
