Allowed

Kuldeep v. State of U.P.

Allahabad HC18 Aug 2022BAIL/25696/2022

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant filing this Criminal Misc. Bail Application under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, relying on the principle of parity as a co-accused had already been released on bail in a similar case.

What did the court decide?

Applicant Kuldeep released on bail in Case Crime No. 58 of 2022 on furnishing personal bond and two sureties subject to specific conditions.

Kuldeep Vs State of U.P. — Allahabad HC (2022) — LawSathi Research

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25696 of 2022

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Applicant :- Kuldeep Opposite Party :- State of U.P. Counsel for Applicant :- Lal Mani Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Rakesh Kumar Mishra, Advocate holding brief of Sri Lal Mani Tripathi, the learned counsel for the applicant, Sri Shashi Shekhar Tiwari, the learned Additional Government Advocate and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 58 of 2022, under Sections 2/3 of The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Rasulabad, District Kanpur Dehat during pendency of the trial in the Court below.

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The gang chart mentions a solitary case against the applicant namely, Case Crime No. 84 of 2021 under Sections 380/411 IPC, Police Station Rasulabad, District Kanpur Dehat, in which the applicant has been granted bail by means of an order dated 04.03.2021 passed by the learned Sessions Judge, Ramabai Nagar.

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The learned counsel for the applicant has submitted that the co-accused Prashant has already been granted bail by means of an order dated 12.04.2022 passed by this Court in Criminal Misc. Bail Application No. 14247 of 2022.

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The applicant is languishing in jail since 30.05.2022.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the fact that the case set up against the applicant is similar to that set up against the other co-accused person, who has already been released on bail.

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Having regard to the aforesaid facts and submissions and keeping in view that fact that the applicant has already been granted bail in the solitary case which has been mentioned in the gang chart and also the fact that the co-accused Prashant has already been granted bail, I am of the view that the applicant is entitled to be released on bail on the ground of parity.

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In light of the preceding discussion and without making any observation on the merits of the case, the instant bail application is allowed .

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Let the applicant Kuldeep be released on bail in Case Crime No. 58 of 2022, under Sections 2/3 of The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Rasulabad, District Kanpur Dehat on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(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.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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Order Date :- 18.8.2022

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Jaswant

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Digitally signed by JASWANT KUMAR Date: 2022.08.18 17:03:46 IST Reason: Location: High Court of Judicature at Allahabad

Kuldeep v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kuldeep v. State of U.P.

Case brief

What is this about?

What did the court decide?

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