This High Court allowed a bail application. Relying on the fact that co-accused persons were already granted bail, the court found it fit to release the applicant on furnishing a personal bond and two sureties, subject to standard conditions.
The applicant Mohit is released on bail on furnishing a personal bond and two sureties each in the like amount.
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Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32407 of 2022
Applicant :- Mohit Opposite Party :- State of U.P. Counsel for Applicant :- Adesh Kumar,Barkha Chaudhary,Vivek Kumar Maheshwari Counsel for Opposite Party :- G.A.,Prabhat Kumar Srivastava,Prakhar Srivastava
Hon'ble Mayank Kumar Jain,J.
Supplementary affidavit filed on behalf of applicant is taken on record.
Heard the learned counsel for the applicant, Sri Prabhat Kumar Srivastava, the learned counsel for the informant, 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. 114 of 2022, under Sections 147, 148, 323, 427, 341, 504, 506, 120-B, 307, 386 IPC, Police Station Ganga Nagar, District Meerut, during pendency of the trial in the Court below.
The learned counsel for the applicant has submitted that applicant is innocent and he has been falsely implicated in the present case. It has further been submitted that general and omnibus role has been assigned to all the five accused persons and no specific role has been assigned to the applicant. It has further been submitted that injuries received by the injured are simple in nature and thus, no case under Section 307 I.P.C. is made out. It has further been submitted that identically placed co-accused Ashok, Deepak Kumar and Manoj @ Sanoj have already been granted bail by this court vide orders dated 11.08.2022, 18.08.2022 and 15.09.2022 passed in Criminal Misc. Bail Application Nos. 33866 of 2022, 5773 of 2022 , 31517 of 2022 respectively, and therefore, the applicant is also entitled to be released on bail on the ground of parity.
The applicant is languishing in jail since 07.05.2022.
Per contra, the learned Additional Government Advocate and learned counsel for the informant have opposed the prayer for grant of bail but they could not dispute the fact 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.
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 Mohit be released on bail in the aforesaid case crime 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 :- 27.9.2022 AKT
Digitally signed by ASHOK KUMAR TRIPATHI Date: 2022.09.28 11:15:12 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in view of parity with co-accused persons who have already been granted bail.
Whether the applicant should be released on bail pending trial in the aforesaid case.
3 provisions across 1 enactments
Mohit
Mayank Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
