Allowed

Mr Evoh v. State of U.P. and Another

Allahabad HC16 Jul 2021BAIL/9173/2021

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 9173 of 2021, the High Court of Allahabad granted bail to the applicant, Mr. Evoh, citing parity with a co-accused and referencing Supreme Court directives on bail under Article 21, subject to furnishing a personal bond and two sureties.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the concerned magistrate/court.

Mr Evoh Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2021)

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Court No. - 71

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9173 of 2021

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Applicant :- Mr Evoh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Virendra Kumar Jaiswal,Ashok Kumar Singh,Harish Chandra Counsel for Opposite Party :- G.A.,A.S.G.I.,Kameshwar Singh

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Virendra Kumar Jaiswal, learned counsel for the applicant, learned A.S.G.I., appearing on behalf of Union of India through Secretary, Ministry of External Affairs and perused the material brought on record.

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It has been contended by the learned counsel for the applicant that the coaccused Christina having similar role has been granted bail by this Court vide order dated 09.02.2021 in Criminal Misc. Bail Application No. 38478 of 2020, a copy of said order has been produced by the learned counsel for the applicant, which is taken on record and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 07.06.2018.

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Learned A.S.G.I. has vehemently opposed the prayer.

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Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

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Let applicant- Mr. Evoh , be released on bail in Case Crime No. 90 of 2018, under Section- 420, 406 IPC and Section 66 I.T. Act and 14 Foreigner Act, Police Station- Khoda, District- Ghaziabad, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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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.

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Order Date :- 16.7.2021 Arti

Mr Evoh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Mr Evoh v. State of U.P. and Another

Case brief

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