Allowed

Lalit Tharu v. State of U.P. Thru Its Secy Home Deptt Civil Secy U.P.

Allahabad HC24 Jan 2022/540/2022

Case brief

AI extract

What is this about?

This court allowed a bail application seeking release on the ground of parity with a co-accused who had already been granted bail. The applicant was released on a personal bond and two sureties with specific conditions to prevent tampering with evidence and ensure trial attendance.

What did the court decide?

Allow the applicant to be released on bail on the ground of parity, subject to furnishing a personal bond and two sureties.

Lalit Tharu Vs State of U.P. Thru Its Secy Home Deptt… — Bail and Remand | Allahabad HC (2022)

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Court No. - 13

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 540 of 2022

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Applicant :- Lalit Tharu Opposite Party :- State Of U.P. Thru Its Secy Home Deptt Civil Secy U.P. Counsel for Applicant :- Ramesh Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.

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The accused-applicant seeks bail in Case Crime No.425 of 2021, under Section 147, 307, 323, 504, 506 Indian Penal Code, Police Station Mill Area, District Raebareli.

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Learned counsel for the applicant submits that general role of assault has been leveled on three named accused persons along with 3-4 unknown. Specific role of firing has been assigned to Tuktuk by an illegal weapon, who has been enlarged on bail by this court vide order dated 19.1.2022 passed in Bail Application No.453 of 2022.

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Learned counsel for the applicant submits that his case is on better footing than the co-accused Tuktuk. The applicant claims parity with the bail order of coaccused person. The applicant is in jail since 7.11.2021.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the fact that it is a case of parity.

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I have considered the arguments advanced by learned counsel for the parties.

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On due consideration to the arguments advanced by learned counsel for the parties, perusal of the record and the facts that the applicant is in jail since 7.11.2021 and the co-accused has already been granted bail; without expressing any opinion on merits of the case I find it to be a fit case for enlarging the applicant on bail on the ground of parity.

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Accordingly, the bail application is allowed. Let the applicant Lalit Tharu be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions:

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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.

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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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Order Date :- 24.1.2022

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Madhu

Lalit Tharu v. State of U.P. Thru Its Secy Home Deptt Civil Secy U.P.

Case brief

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Lalit Tharu v. State of U.P. Thru Its Secy Home Deptt Civil Secy U.P.

Case brief

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