The Court granted bail to the applicant Kallu @ Akhilesh in a criminal case involving Excise Act and IPC offences, citing parity with a co-accused and finding it a fit case for release without commenting on merits.
Released on bail on furnishing a personal bond and two reliable sureties of the like amount.
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Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10059 of 2021
Applicant :- Kallu @ Akhilesh Opposite Party :- State of U.P. Counsel for Applicant :- Jeetendra Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for applicant(s), learned A.G.A. and perused the record.
This bail application has been preferred by the accusedapplicant(s) Kallu @ Akhilesh, who is involved in Case Crime No.186 of 2020 under Sections 60 Excise Act & 419,420,272 I.P.C. P.S.Achhalda District-Auraiya.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that co-accused Vivek @ Kallu having similar role to that of applicant has already been granted bail by this Court vide order dated 28.9.2020, therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant has has no previous criminal history,he is not likely to abscond.
On behalf of State bail has been opposed but learned A.G.A. conceded on the point of parity.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant(s) Kallu @ Akhilesh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
(i) The applicant(s) shall not indulge in any criminal activity.
(ii) The applicant(s) shall not tamper with the prosecution evidence.
(iii) The applicant(s) shall not pressurize the prosecution witnesses.
(iv) The applicant(s) shall regularly appear on the dates fixed by
the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court.
Order Date :- 19.2.2021 SKS
1 issue framed by the court
Whether the applicant is entitled to bail on grounds of parity and fitness of case.
Kallu @ Akhilesh
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
