The High Court allowed a bail application filed by the applicant in a robbery case under Sections 392, 411 I.P.C. The court granted bail based on parity with three co-accused persons already released on bail, concluding that the applicant was entitled to bail pending the trial conclusion.
Applicant released on bail with personal bond and two sureties.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24717 of 2022
Applicant :- Abhishek Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1.Heard Sri Sunil Kumar Yadav, the learned counsel for the applicant, Sri D.K.Srivastava, the learned A.G.A. for the State and perused the record.
2.The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 45 of 2022, under Sections 392, 411 I.P.C., P.S. Kotwali Dehat, District Etah.
3.The aforesaid case has been registered on the basis of an F.I.R. alleging robbery of a scooty and a mobile phone and Rs. 200/-, committed on 01.02.2022. The FIR of the incident was lodged on 04.02.2022 and the police claimed to have arrested four persons, including the applicant, and it is alleged that a country made pistol, two cartridges and Rs. 400/- were recovered from the applicant.
4.The learned counsel for the applicant has submitted that the co-accused Pravendra @ Patra and vivek @ Lau Yadav have been granted bail by means of orders dated 08.07.2022 passed by this Court in Criminal Misc. Bail Applications No. 20728 of 2022 and 21151 of 2022 respectively.
5.It is further submitted by the learned counsel for the applicant that the case set up against the applicant is similar to that set up against the other co-accused persons, who have already been released on bail, therefore, the applicant is also entitled to be released on bail on the ground of parity.
6.It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case, he is having no previous criminal history and he is in jail since 15.02.2022. The applicant's criminal history of eight cases has been explained in para-12 of the affidavit, as per which the applicant has been granted bail in all the cases. It has also been stated 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.
7.Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute that the case set up against the applicant is similar to that set up against the other co-accused persons, who have already been released on bail.
8.Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR was lodged against unknown persons and that the applicant was arrested along with three other co-accused persons, who have already been granted bail, I am of the view that the applicant is entitled to be released on bail pending conclusion of the trial. The bail application is accordingly allowed.
9.Let the applicant - Abhishek be released on bail in Case Crime No. 45 of 2022, under Sections 392, 411 I.P.C., P.S. Kotwali Dehat, District Etah 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.
9.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 :- 24.11.2022 Ashish Pd.
Digitally signed by ASHISH PRASAD Date: 2022.11.29 18:32:02 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail on the ground of parity with co-accused persons who have already been released.
Abhishek
Subhash Vidyarthi
Ashish Prasad
As recorded by the court registry
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