Allowed

Tony v. State of U.P. through Secretary Home

Allahabad HC31 Aug 2022BAIL/22975/2022

Case brief

AI extract

What is this about?

This judgment allows a bail application filed by the applicant, Tony, in a criminal case involving Sections 414 and 420 IPC. The court granted bail by relying on parliamentary comparability with co-accused and the Supreme Court's mandate.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties each in a like amount subject to standard conditions.

Tony Vs State of U.P. through Secretary Home — Bail and Remand | Allahabad HC (2022)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22975 of 2022

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Applicant :- Tony Opposite Party :- State Of U.P. Through Secretary Home Counsel for Applicant :- Sanjay Kr. Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.655 of 2021, registered under Sections 414, 420 I.P.C., Police Station Sardhana, District Meerut during pendency of the trial.

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At the very outset, learned counsel for the applicant submits that the applicant claims parity with the co-accused, namely, Javed, Mukarram and Rohtas, who have been granted bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos.48690 of 2021 and 22385 of 2022 vide orders dated 14.02.2022 and 13.07.2022 respectively and the role of the applicant is same as of the co-accused, hence, the applicant is also entitled for bail on the ground of same footing. He next contended that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant is languishing in jail since 23.09.2021. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Tony, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before

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issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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

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Order Date :- 31.8.2022 Nitin Verma

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Digitally signed by NITIN KUMAR VERMA Date: 2022.09.02 10:13:35 IST Reason: Location: High Court of Judicature at Allahabad

Tony v. State of U.P. through Secretary Home

Case brief

What is this about?

What did the court decide?

Tony v. State of U.P. through Secretary Home

Case brief

What is this about?

What did the court decide?

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