Allowed

Ajit v. State of U.P.

Allahabad HC28 Jun 2022BAIL/20437/2022

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 20437 of 2022, the High Court allowed the bail application of Ajit, a co-accused charged with offences under Sections 420, 430, 431, 432 IPC, granting release on bail on personal bond and sureties, relying on the principle of parity and the case of Data Ram.

What did the court decide?

Applicant Ajit released on bail upon executing personal bond and furnishing two sureties each with the satisfaction of the court.

Ajit Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 5

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20437 of 2022

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Applicant :- Ajit Opposite Party :- State of U.P. Counsel for Applicant :- Daya Shanker Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant and the learned A.G.A.

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This is a bail application on behalf of the applicant Ajit in connection with Case Crime No. 103 of 2018, under Sections 420, 430, 431, 432 IPC , Police Station-Ecotech-1st , districtGautam Budh Nagar.

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The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. Learned counsel for the applicant submits that co-accused Sridev @ Rinku has already been enlarged on bail by this court, vide order dated 30.05.2022, passed in Criminal Misc. Bail Application No. 20837 of 2022. A copy of his bail order submitted by the learned counsel of the applicant during the course of hearing is taken on record. He further submitted that as per FIR version general role has been assigned to the applicant and the role assigned to the applicant is similar to the role of the other coaccused, who has already been enlarged on bail. He claims parity. He submitted that the applicant is languishing in jail since 11.04.2022 , hence he is entitled to be released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the ground of bail parity.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, considering the ground of 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 Sridev @ Rinku 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.

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Accordingly, the bail application stands allowed.

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Let the applicant Ajit 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:

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i) The applicant shall not tamper with the prosecution evidence.

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ii)The applicant shall not threaten or harass the prosecution witnesses;

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iii)The applicant shall appear on the date fixed by the trial court;

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iv)The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;

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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.

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Order Date :- 28.6.2022 Neetu

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Digitally signed by NEETU SINGH Date: 2022.07.06 14:05:46 IST Reason: Location: High Court of Judicature at Allahabad

Ajit v. State of U.P.

Case brief

What is this about?

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Ajit v. State of U.P.

Case brief

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