In Criminal Misc. Bail Application No. 48693 of 2019, the High Court ordered the release on bail of Ramu Parihar, a co-accused in Case Crime No. 211 of 2019, citing the principle of parity with other co-accused who had already been released.
Release of the applicant on bail by furnishing a personal bond and two sureties with specific conditions.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48693 of 2019
Applicant :- Ramu Parihar Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Supplementary affidavit filed on behalf of the applicant is taken on record.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
Learned counsel for the applicant submits that showing the arrest of the applicant in Case Crime No. 166 of 2019 the applicant has also falsely been implicated in six cases including the present case. It has further been submitted that the applicant is not named in the FIR. The applicant has no concern with the alleged incident. Co-accused Amit Awasthi @ Omi and Yogendra Kushwaha having identical role have already been released on bail by another bench of this Court vide orders dated 7.11.2019 and 16.10.2019 in Criminal Misc. Bail Application No. 46554 of 2019 and Criminal Misc. Bail Application No. 27031 of 2019 respectively, therefore, the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 2.4.2019.
Per contra, learned A.G.A opposed the prayer for bail but could not dispute the fact that co-accused Amit Awasthi @ Omi and Yogendra Kushwaha having identical role have already been released on bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Ramu Parihar involved in Case Crime No. 211 of 2019, under Sections 304B, IPC and section 60-A of Excise Act, P.S. Ghatampur, District Kanpur Nagar 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:-
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 29.11.2019/A.
2 issues framed by the court
Whether the applicant is entitled to bail on the ground of parity with already released co-accused having identical roles.
Whether the arrest of the applicant is bona fide in the context of alleged false implication.
Ramu Parihar
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
