This court allowed the bail application of an accused charged with dacoity and forgery, holding that the grounds relied were sufficient considering co-accused were on bail.
Release of applicant on bail subject to personal bond and two sureties.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45671 of 2021
Applicant :- Sallan @ Sageer Opposite Party :- State of U.P. Counsel for Applicant :- Ashwani Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
Heard Sri Ashwani Kumar Yadav, the learned counsel for the applicant, Sri Jitendra Kumar Jaiswal, the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 72 of 2021, under Sections 395, 397, 412, 413, 414, 420, 467, 468, 469, 471 I.P.C., and Sections 10/12 of U.P. Dacoity Affected Areas Act, 1983 P.S. Kotwali Nagar, District Banda.
The aforesaid case has been registered on the basis of an F.I.R. lodged against four unidentified miscreants alleging that the miscreants had robbed the truck of the informant. As per the recovery memo, six persons including the applicant were arrested in pursuance of the aforesaid case.
A supplementary affidavit has been filed in which it is stated that the four accused persons namely Amar Singh, Subham Chaudhary, Pinku Modanwal @ Manish and Alil have already been granted bail vide orders dated 13-12-2021, 07-02-2022 and 07-03-2022 passed in Criminal Misc. Bail Application Nos. 45561 of 2021, 47647 of 2021 and 45399 of 2021. It is further stated in the affidavit that the applicant has criminal history of 18 cases and in all the cases the applicant is on bail
It is further submitted by the learned counsel for the applicant 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, therefore, the applicant is also entitled to be released on bail on the ground of parity.
It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case and he is in jail since 21-07-2021. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.
Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute 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 fact, this Court is satisfied that the applicant has made out a case for being enlarged on bail pending conclusion of the trial. The bail application is accordingly allowed.
Let the applicant - Sallan @ Sageer be released on bail in Case Crime No. 72 of 2021, under Sections 395, 397, 412, 413, 414, 420, 467, 468, 469, 471 I.P.C., and Sections 10/12 of U.P. Dacoity Affected Areas Act, 1983 P.S. Kotwali Nagar, District Banda on his furnishing a 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 an application bail before this Court seeking cancellation of bail.
Order Date :- 29.7.2022
pks
Digitally signed by PANKAJ KUMAR SRIVASTAVA Date: 2022.08.01 10:46:02 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail on the ground of parity with co-accused who have been released.
Whether the applicant has made out a case for enlargement on bail pending conclusion of trial.
2 provisions across 2 enactments
Sallan @ Sageer
State of U.P.
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
