The Court granted bail to the applicants based on the ground of parity, noting that an identically placed co-accused had already been released on bail, without expressing an opinion on the merits of the case.
The applicants were released on bail by executing a personal bond and furnishing two sureties each under specified conditions.
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Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 846 of 2019 Applicant :- Ram Chandra And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Rakesh Kumar Verma,Harish Chandra Gupta Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicants and learned A. G. A. for the State.
Learned counsel for the applicant submitted that the co-accused Ramesh has already been enlarged on bail by another Bench of this Court vide order dated 14.3.2019 passed in Criminal Misc. Bail Application No. 9174 of 2019. He further submitted that since the role of the applicants is identical to that of the co-accused who has already been enlarged on bail, they are also entitled to be enlarged on bail on the ground of parity. Learned counsel for the applicants further submits that the applicants are in jail since11.9.2018.
The prayer for bail has vehemently been opposed by learned A. G. A. However, he does not dispute the fact that the similarly placed co-accused has been granted bail by this Court.
Considering the submissions made by learned counsel for the applicants as well as learned A. G. A. and the fact that identically placed co-accused has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
In view of the above, let the applicants Ram Chandra and Rakesh be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 143 of 2018, under Sections 323, 304 IPC, P.S. Mahewaghat, District Kaushambi with the following conditions: i) The applicants shall not tamper with the prosecution evidence.
ii) The applicants shall not threaten or harass the prosecution witnesses.
iii) The applicants shall appear on the date fixed by the trial court.
iv) The applicants shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicants shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 3.7.2019/Kuldeep
2 issues framed by the court
Whether the applicants are entitled to bail on grounds of parity with a similarly placed co-accused already granted bail.
Whether the prayer for bail should be allowed without expressing an opinion on the merits of the case.
Ram Chandra And Another
Vipin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
