The Court allowed bail to the applicant Shravan Kumar Saroj in a murder case (IPC 302, 201) on grounds of parity with co-accused already on bail, finding no facts indicating misuse of liberty.
Released on bail executing a personal bond and furnishing two sureties each on conditions.
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Court No. - 5
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2434 of 2022
Applicant :- Shravan Kumar Saroj Opposite Party :- State of U.P. Counsel for Applicant :- Pramod Kumar Pandey,Sanjeev Kumar Khare Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
This is a bail application on behalf of the applicant Shravan Kumar Saroj in connection with Case Crime No.150 of 2021, under Sections 302, 201 IPC, Police Station Saini, district Kaushambi.
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 Sandeep Kumar, Mool Chandra Saroj and Pankaj Raidas have already been enlarged on bail by another co-ordinate Benches of this court, vide orders dated 09.03.2022, 26.11.2021 and 22.12.2021, passed in Criminal Misc. Bail Application No. 46250 of 2021, Criminal Misc. Bail Application No. 36161 of 2021 and Criminal Misc. Bail Application No. 39006 of 2021 respectively. He further submits that as per FIR version only general role has been assigned to the applicant which is similar to the role assigned to other co-accused, who have already been enlarged on bail. He further submits that on the ground of parity the applicant is entitled to bail. He submitted that the applicant is languishing in jail since 02.06.2021 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 Jitendra 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 Shravan Kumar Saroj 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 :- 27.6.2022 Neetu
Digitally signed by NEETU SINGH Date: 2022.07.05 11:19:25 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail on grounds of parity with co-accused already enlarged on bail in a murder case under Section 302 IPC.
Colour shows how this judgement treated each authority
Data Ram Vs. State of U.P.Referred¶9
Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 · Who else cites this
Shravan Kumar Saroj
Ajit Singh
As recorded by the court registry
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