The Single Judge allowed the bail application filed by the applicant accused of offences under IPC Sections 420, 467, 468, 471, and 120-B. The grant was based on parity with a co-accused who had already been released on bail in a similar case.
Release on bail by furnishing a personal bond and two sureties.
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Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31428 of 2022
Applicant :- Chandra Shekhar Nagar Opposite Party :- State of U.P. Counsel for Applicant :- Mahendra Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
Heard Sri Mahendra Tripathi and Sri Lalit Srivastava, the learned counsel for the applicant, the learned Additional Government Advocate and perused the record.
The instant application has been filed seeking release of the applicant on bail in Case Crime No. 247 of 2019, under Sections 420, 467, 468, 471, 120-B IPC, Police Station Jagdishpura, District Agra, during pendency of the trial in the Court below.
The learned counsel for the applicant submitted that applicant is innocent and he has been falsely implicated in the present case. It is further submitted that identically placed co-accused Narendra Kumar Sharma has already been granted bail by this court vide order dated 15.10.2020 passed in Criminal Misc. Bail Application No. 34680 of 2020, and therefore, the applicant is also entitled to be released on bail on the ground of parity.
The applicant has no previous criminal history and he is languishing in jail since 16-06-2022.
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, who has already been released on bail.
Keeping in view the aforesaid facts and circumstances of the case, I find it to be a fit case for grant of bail to the applicant in the aforesaid case.
In the light of preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed .
Let the applicant Chandra Shekhar Nagar be released on bail in Case Crime No. 247 of 2019, under Sections 420, 467, 468,
471, 120-B IPC, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the 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.
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.
Order Date :- 17.8.2022 AKT
Digitally signed by ASHOK KUMAR TRIPATHI Date: 2022.08.18 15:59:41 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 a co-accused who has already been released.
Chandra Shekhar Nagar
Mayank Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
