Allowed

Suraj Pasi v. State of U.P.

Allahabad HC19 Feb 2020BAIL/7673/2020

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 7673 of 2020, the Single Judge allowed the bail application of Suraj Pasi, who faced charges under Sections 307, 504, 506 IPC. The court granted bail relying on the parity principle since a co-accused had already been released on bail by the co-ordinate bench, imposing standard conditions on bond and sureties.

What did the court decide?

Release on bail subject to furnishing a personal bond and two sureties in like amount with specified conditions.

Suraj Pasi Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7673 of 2020

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Applicant :- Suraj Pasi Opposite Party :- State of U.P. Counsel for Applicant :- Gyan Prakash Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the applicant, learned AGA and perused the record.

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By means of this application, the applicant who is involved in case crime no. 168 of 2019, under Sections 307, 504, 506/34 IPC, P.S. Bajaria, District- Kanpur Nagar, is seeking enlargement on bail during the trial.

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It is submitted by learned counsel for the applicant that coaccused Ishu Lodhi has been granted bail by the co-ordinate Bench of this Court vide order dated 31.01.2020 passed in Criminal Misc. Bail Application No. 4817 of 2020. Case of the applicant is identical to the case of aforesaid co-accused, therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant is in jail since 10.10.2019 and the applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.

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Learned AGA could not dispute the aforesaid facts advanced by learned counsel for the applicant.

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Considering the facts and circumstances of the case, keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.

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Let the applicant Suraj Pasi , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.

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Order Date :- 19.2.2020 AK Pandey

Suraj Pasi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Suraj Pasi v. State of U.P.

Case brief

What is this about?

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