Hon'ble Court granted bail to Harikant @ Rinku accused under Sections 147, 148, 149, 323, 324, 364 IPC, citing parity with co-accused. Bail granted on personal bond and two sureties subject to standard conditions.
Bail granted on personal bond and two local sureties each of like amount.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48571 of 2020
Applicant :- Harikant @ Rinku Opposite Party :- State of U.P. Counsel for Applicant :- Mithilesh Kumar Shukla,Avanish Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
Learned counsel for the applicant submitted that he has been falsely implicated in the present case. He next submitted that co-accused Surdeep & Ravi @ Ravikant having an identical role have been enlarged on bail by this Court vide orders dated 5.11.2020 & 3.11.2020 in Criminal Misc. Bail Application Nos. 36573 of 2020 & 25274 of 2020 respectively. The case of applicant stands on similar footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 10.7.2020 and he has no criminal history except the present case to his credit.
Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Harikant @ Rinku , involved in Case Crime No. 86 of 2020, under Sections- 147, 148, 149, 323, 324, 364 IPC, Police Station- Shikohabad, District- Firozabad be released on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.
This bail order would be subject to the fulfilment of following conditions:-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 12.1.2021 Junaid
1 issue framed by the court
Whether the applicant Harikant @ Rinku is entitled to bail on grounds of parity with co-accused and lack of criminal history.
5 provisions across 2 enactments
Harikant @ Rinku
State of U.P.
Neeraj Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
