The High Court allowed the bail application of an accused implicated in a murder case under Section 302 IPC. Granting bail based on parity with a co-accused already enlarged by a coordinate bench, relying on the principle laid down in Data Ram case.
Released on bail on executing a personal bond with two sureties.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17943 of 2022
Applicant :- Kale @ Amir Opposite Party :- State of U.P. Counsel for Applicant :- Akash Khare,Hari Om,Sunil Kumar Tiwari
Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicants and the learned A.G.A. for the State.
This is a bail application on behalf of the applicant Kale @ Amir in connection with Case Crime No. 494 of 2021, under Sections 302, 394, 34 of IPC, Police Station-Hapur Dehat, district-Hapur.
The submission of learned counsel for the applicant is that the applicant is quite innocent and have been falsely implicated in the present case with the ulterior motive. Learned counsel for the applicant submit that co-accused Pyar @ Anas has already been enlarged on bail by another co-ordinate Bench of this court, vide orders dated 16.07.2022, passed in Criminal Misc. Bail Application No. 15070 of 2022. He further submits that the role assigned to the applicant is similar to the role assigned to other co-accused, who has already been enlarged on bail. He further submits that on the ground of parity the applicants is entitled to bail. He submitted that the applicant is languishing in jail since 14.01.2022 and in case of being released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the ground of bail parity of applicant with coaccused.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, considering the grant of bail parity the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2, and also the fact that the co-accused Pyar @ Anas has been admitted the concession of bail by this Court but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Kale @ Amir involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii)The applicant shall not threaten or harass the prosecution witnesses;
iii)The applicant shall appear on the date fixed by the trial court;
iv)The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v)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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 19.11.2022 Neetu
Digitally signed by NEETU SINGH Date: 2022.11.25 14:29:57 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted to the applicant on the ground of parity with a co-accused already granted bail.
Whether the applicant can be released on bail considering the gravity of the offense under Sections 302, 394, 34 IPC.
Colour shows how this judgement treated each authority
Data Ram Vs. State of U.P. and othersRelied on¶10
Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 · Who else cites this
Kale @ Amir
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
