The court allowed a bail application filed by Raju Yadav, holding that he was entitled to bail primarily based on the parity principle as his co-accused had already been granted bail by coordinate benches, without commenting on the merits of the prosecution case.
Applicant to be released on bail on executing personal bond and furnishing two sureties each.
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Court No. - 93
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39084 of 2022
Applicant :- Raju Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Anoop Singh,Amarnath Tripathi,Gaurav Singh Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Surendra Singh-I,J.
Heard Sri Gaurav Singh Chauhan, learned counsel for the applicant as well as Sri Sunil Kumar Tripathi, learned AGA for the State.
This is an application for bail on behalf of the applicant Raju Yadav in connection with Case Crime No. 0099 of 2022, under Sections 411, 413, 414, 420, 467, 471, 307, 34 IPC Police Station Devgaon, District Azamgarh.
According to prosecution case applicant Raju Yadav and four other co-accused were arrested and from their possession 11 stolen motorcycles and mobile phones were recovered. Applicant alongwith other co-accused attacked on the police party with fire arm but no one has received injury.
The submission of the learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that alleged recovery shown from the possession of the applicant is false and planted by the police. It is further submitted that there is no independent witness of the alleged recovery. It is further submitted that coaccused Gopal Singh, Shivaji @ Charchit Nath and Monu Yadav have already been granted bail by the co-ordinate Bench of this Court vide orders dated 20.07.2022, 27.07.2022 and 22.07.2022 passed in Criminal Misc. Bail Application Nos. 30749 of 2022, 27041 of 2022 and 29737 of 2022 respectively. It is further submitted that applicant has 8 criminal history which has been explained in para-15 of the affidavit filed in support of the bail application. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 13.04.2022. In case,he is enlarged on bail, he will not misuse the liberty of bail.
Learned counsel appearing on behalf of the State has opposed the prayer for bail but could not deny the submissions advanced
by learned counsel for the applicant.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that co-accused Gopal Singh, Shivaji @ Charchit Nath and Monu Yadav have been granted bail, but without expressing any opinion on the merit of the case, this Court is of opinion that the applicant is entitled to bail.
The bail application, accordingly, stands allowed.
Let the applicant Raju Yadav involved in the aforementioned case be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before the Court concerned.
Order Date :- 17.11.2022 AKT
Digitally signed by ASHOK KUMAR TRIPATHI Date: 2022.11.17 17:17:00 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted to the applicant considering the parity of co-accused and the nature of allegations.
Raju Yadav
Surendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
