A single judge allowed a bail application filed by Salamat Shah in a criminal case under Sections 379 and 411 IPC. Granting bail on the basis of the parity principle after a similarly placed co-accused was released on bail.
The applicant was released on bail on furnishing a personal bond and two local sureties by filing a personal bond and two local sureties.
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Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32222 of 2022
Applicant :- Salamat Shah Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Singh,Jitendra Pal Singh
Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed on behalf of applicant in Case Crime No.219 of 2022, under Sections 379, 411 of IPC, Police Station Kotwali, District Shahjahanpur with the prayer to enlarge the applicant on bail.
The contention as raised at the bar by learned counsel for the applicant is that applicant accused has been falsely implicated in the present case. He further submits that co-accused Amir Hussain has already been enlarged on bail vide order dated 01.08.2022 in Criminal Misc. Bail Application No.31806 of 2022, copy of which has been produced and the same is taken on record. He further submits that since the role of the applicant is identical to that of the co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Learned counsel for the applicant lastly submits that the applicant is in jail since 21.05.2022 having criminal history of one case which is duly explained in para 14 of the bail application and that in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
The prayer for bail has been vehemently opposed by learned A.G.A. However, he does not dispute the fact that the similarly placed co-accused has been granted bail by this Court.
Considering the submissions made by learned counsel for the applicant as well as learned A. G. A. and the fact that identically placed co-accused has already been enlarged on bail, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let the applicant Salamat Shah in the aforesaid crime be
released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:
(1). The applicant will not tamper with the prosecution evidence during the trial.
(2). The applicant will not influence any witness.
(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.
(4). 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 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 Mohit
Digitally signed by MOHIT KUMAR KUSHWAHA Date: 2022.08.18 16:15:28 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 as the similarly placed co-accused has already been granted bail.
Salamat Shah
State of U.P.
Mayank Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
