In a bail application challenging身上 custody for murder and robbery, the High Court granted bail relying on parity with co-accuse granted bail by coordinate benches, despite the offence being punishable by life imprisonment.
The applicant is released on bail by executing a personal bond with two sureties subject to standard conditions of bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8731 of 2018
Applicant :- Anand Bhati @ Aditya Opposite Party :- State of U.P. Counsel for Applicant :- Anand Prakash Dubey,Arvind Kumar Dixit,Braham Singh,Chandra Kumar Singh,Jitendra Kumar,Santosh Kumar Dubey,Somdev Dixit,Sunil Kumar Misra Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Rejoinder affidavit filed on behalf of applicant in the Court today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 282 of 2017, under Sections 394 and 302 I.P.C., P.S. Hapur Dehat, district- Hapur and is in jail since 21.5.2017, is seeking enlargement on bail during the trial.
The first information report of the incident was lodged by the complainant against unknown persons, alleging therein that 7.5.2017 at about 10:30 a.m. when elder brother of the complainant along with one Vijay Pal, was sitting at his timber shop then two motorcycle borne miscreants, who had covered their faces, entered in the shop and looted Rs. 21,000 from Vijay Pal and Rs. 40,000/- from brother of the informant respectively on the gun point. They also demanded gold ring from informant's brother and when he did not full fill their demand then the accused persons fired at the brother of the complainant, causing injuries to him. Later on he died.
Learned counsel for the applicant submits the applicant was not named in the F.I.R. His name as an accused in the present case surfaced for the first time during investigation after a gap of more than two and half months. No incriminating article or
material has been recovered either from the applicant or on his pointing out. Neither there is any eye witness of the alleged incident nor the police has conducted any identification parade to ascertain the real culprit. He further submits that similarly placed other co-accused namely, Sandeep Saini, Shubham Saini, Pradeep @ Chacha and Pankaj alias T.T. have already been granted bail by coordinate Benches of this Court vide orders dated 9.11.2017, 24.11.2017, 5.10.2018 and 10.4.2019 passed in Criminal Misc. Bail Application Nos. 43294 of 2017, 44847 of 2017 (Annexure-RA2), 37408 of 2018 and 1412 of 2018 and hence the applicant, whose case stands on same footing, is entitled to be enlarged on bail on the ground of merits as well as on parity.
The prayer for bail has vehemently been opposed by learned A.G.A. However, the aforesaid factual aspect of the matter has not been disputed by him.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A., this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.
In view of the above, let the applicant, Anand Bhati @ Aditya be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 9.11.2020 Faridul
1 issue framed by the court
Whether the applicant is entitled to bail on the ground of parity with other co-accused.
Anand Bhati @ Aditya
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
