In a bail application under Sections 302, 504, and 506 IPC, the single-judge court granted bail to the applicant since his prosecution witnesses turned hostile, establishing parity in the case.
Applicant released on bail on executing a personal bond and furnishing two sureties in the like amount.
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Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4994 of 2021
Applicant :- Azad Ansari Opposite Party :- State of U.P. Counsel for Applicant :- Narendra Nath Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
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. 101 of 2019, under Sections 302, 504 and 506 I.P.C., P.S. Khukhundu, district-Deoria and is in jail since 20.6.2019, is seeking enlargement on bail during the trial.
This is the second bail application of the applicant. The first bail application of the applicant was rejected by this Court vide order dated 16.12.2019 passed in Criminal Misc. Bail Application no. 51876 of 2019. The new ground on which the the applicant is seeking enlargement on bail during the trial, vide this application is that PW-1 informant and PW2 wife of the applicant has not supported the prosecution case during trial. He lastly submits that the applicant, who is in jail since 20.6.2019 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has vehemently been opposed by learned A.G.A. However, he has not disputed the fact that PW1 and PW2 have become hostile during trial.
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, Azad Ansai 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 :- 5.2.2021 Faridul
1 issue framed by the court
Whether the applicant is entitled to bail during the pendency of trial citing the parity of prosecution witnesses turning hostile and lack of criminal antecedents.
Azad Ansari
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
