Allowed

Nirdesh Tyagi v. State of U.P.

Allahabad HC17 Aug 2022BAIL/34336/2022

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 34336 of 2022, the Court granted bail to Nirdesh Tyagi in a case under Sections 420, 467, 468, and 120B IPC, relying on the principle of parity with a co-accosed already released on bail.

What did the court decide?

The applicant was released on bail on executing a personal bond and furnishing two sureties, subject to specific conditions regarding court attendance and conduct.

Nirdesh Tyagi Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34336 of 2022

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Applicant :- Nirdesh Tyagi Opposite Party :- State of U.P. Counsel for Applicant :- Daya Shanker Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.

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By means of this application, the applicant, Nirdesh Tyagi, who is involved in Case Crime No. 347 of 2019, under Sections 420, 467, 468, 120B I.P.C., Police Station Sector 58 Noida, District Gautam Budh Nagar and is in jail since 14.05.2022, is seeking enlargement on bail during the trial.

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It is submitted by learned counsel for the applicant that similarly placed co-accused, Rajesh Khantwal, has already been enlarged on bail by this Court by order dated 5.10.2020 passed in Criminal Misc. Bail Application No. 31618 of 2020. He has further submitted that since the role of the applicant is identical to that of co-accused, Rajesh Khantwal, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.

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The prayer for bail has vehemently been opposed by learned A.G.A.

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Considering the submissions made by learned counsel for the applicant as well as learned A.G.A., this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.

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In view of the above, let the applicant be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before he is accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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Order Date :- 17.8.2022 Rohit

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Digitally signed by ROHIT DAS Date: 2022.08.17 17:23:50 IST Reason: Location: High Court of Judicature at Allahabad

Nirdesh Tyagi v. State of U.P.

Case brief

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Nirdesh Tyagi v. State of U.P.

Case brief

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