Ramesh v. State of U.P.

Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19255 of 2021 Applicant :- Ramesh Opposite Party :- State of U.P. Counsel for Applicant :- Shikhar Awasthi Counsel for Opposite Party :- G.A.

Hon'ble Shekhar Kumar Yadav,J.

Heard learned counsel for the applicant, learned AGA for the State and perused the material available on record.

This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.59 of 2020, under Sections 147, 148, 323, 325, 308, 506 IPC at Police Station Ayana, District Auraiya.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case on false facts. No specific role has been assigned to any of the accused and only general allegations have been assigned to the applicant. He further submits that it is cross case in which both sides have received injuries. He further submits that similarly placed coaccused Sukhveer and Vimal @ Chhotu have already granted bail by another co-ordinate Bench of this Court vide order dated 19.01.2021 passed in Criminal Misc. Bail Application No.48926 of 2020, copy whereof has been annexed as Annexure No.13 to the bail application. He further submits that since the co-accused has already been granted bail, the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 02.02.2021.

On the other hand, learned A.G.A. opposes the application for bail.

Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.