The High Court disposed of a bail application filed by Sagar Nagar. The bench found the case fit for granting bail based on parity with a similarly placed co-accused who was already on bail.
The applicant be released on bail on executing a personal bond and furnishing two sureties.
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Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40456 of 2022
Applicant :- Sagar Nagar Opposite Party :- State of U.P. Counsel for Applicant :- Devendra Kumar Misra Counsel for Opposite Party :- G.A.
Hon'ble Gajendra Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By means of this application, the applicant, Sagar Nagar, who is involved in Case Crime No. 228 of 2021, under Section, 307 of IPC and 10/12, Dacoity Affected Area Act, Police Station Ikdil, District Etawah and is in jail since 12.08.2021, is seeking enlargement on bail during the trial.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case due to ulterior motive. It is submitted that neither the applicant was arrested on the spot nor any incriminating article was ever recovered from the possession of the applicant. The alleged recovery shown by the police is false and fictitious. It is submitted that there is no any independent witness of public, all the witnesses are police personnel. It is further submitted that the applicant has criminal history of 3 cases to his credit, which have duly been explained in para 13 of the bail application It is further submitted that similarly placed co-accused, Yogendra Rajpoot, has already been enlarged on bail by this Court by order dated 09.02.2022 passed in Criminal Misc. Bail Application No.48835 of 2021. He has further submitted that since the role of the applicant is identical to that of co-accused, Yogendra Rajpoot, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. It is further submitted that the applicant is languishing in jail since 12.08.2021, and in case of being released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The learned A.G.A. has opposed the prayer for grant of bail to the applicant, but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties, without expressing any opinion on the merit of the case, I find it
to be fit case for granting bail on the ground of parity.
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 :-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before he is accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 16.9.2022 A.N. Mishra
Digitally signed by AMARNATH MISHRA Date: 2022.09.16 16:50:49 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the legal representative of the applicant is entitled to bail during trial.
Whether the principle of parity allows the applicant to be granted bail when a similarly positioned co-accused has already been released.
2 provisions across 2 enactments
Sagar Nagar
State of U.P.
Gajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
