Criminal Miscellaneous Bail Application filed by Shivnaryan Sehra for release on bail in Case Crime No. 209 of 2019. Bail granted on grounds of parity as a co-accused was released in a coordinate bench.
Release of applicant on bail by furnishing personal bond and two reliable sureties each of the like amount subject to conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42541 of 2022
Applicant :- Shivnaryan Sehra Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Johri,Mahendra Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Gajendra Kumar,J.
Heard learned counsel for the applicant and learned AGA for the State.
The instant bail application has been filed on behalf of the applicant, Prateek Saxena, with a prayer to release him on bail in Case Crime No. 209 of 2019, under Sections 420, 406, 504, 506, 500 IPC, Police Station- Jagdishpura, District-Agra, during pendency of trial.
The co-accused, Bahadur Singh, has already been enlarged on bail in Criminal Misc. Bail Application No.44184 of 2022 vide order dated 30.09.2022 by a co-ordinate Bench of this Court. The prayer for release of the applicant on bail on the ground of parity has been made as his case is on the better footing of the aforesaid co-accused. The applicant is languishing in jail since 05.09.2022.
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts on record.
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 and keeping in mind that co-accused has already been released on bail by this Court and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant namely Shivnaryan Sehra be released on bail in the aforesaid Case Crime Number on his/her furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to 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 bail cancellation application before this Court.
Order Date :- 20.10.2022 Ashutosh
Digitally signed by ASHUTOSH SINGH Date: 2022.10.20 16:47:49 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail on grounds of parity as a co-accused has already been released on bail in a coordinate bench.
Shivnaryan Sehra
Gajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
