In Criminal Misc. Bail Application No. 21390 of 2022, the Allahabad High Court allowed the applicant to be released on bail in a robbery case under Sections 392, 411 IPC, relying on the principle that a co-accused had already been granted bail for similar charges.
Released on bail on furnishing a personal bond and two sureties under specified conditions.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21390 of 2022
Applicant :- Praveen Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Kumar Pal,Abhinav Mishra,Santosh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.
9.Having considered the aforesaid facts and submissions and keeping in view the fact that co-accused Bhoora @ Dipanshu, who has already been granted bail and that the case set up against the applicant is similar to that the case set up against the co-accused, I am of the view that the applicant is also entitled to be released on bail pending conclusion of the trial. The bail application is accordingly allowed.
10.Let the applicant - Praveen be released on bail in Case Crime No. 20 of 2022, under Sections 392, 411 IPC, Police Station Sikheda, District Muzaffarnagar on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.
11.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application bail before this Court seeking cancellation of bail.
Order Date :- 19.10.2022 Mini
Digitally signed by MINI KANAUJIYA Date: 2022.10.21 11:02:47 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail on grounds of parity with a co-accused who has already been released on bail.
Whether sufficient cause has been shown for the grant of bail under Sections 392, 411 IPC.
Praveen
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
