Allowed

Arjun v. State of U.P.

Allahabad HC4 Nov 2022BAIL/47314/2022

Case brief

AI extract

What is this about?

In a criminal bail application, the Allahabad High Court granted release on bail to the applicant, Arjun, involving charges of rioting, unlawful assembly, and attempt to murder. The court allowed the prayer based on the ground of parity with co-accused previously released on bail by coordinate benches.

What did the court decide?

Release of the applicant on bail via personal bond and two sureties with conditions.

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

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Court No. - 67

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47314 of 2022

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Applicant :- Arjun Opposite Party :- State of U.P. Counsel for Applicant :- Ramanuj Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard Sri Ramanuj Tiwari, learned counsel for the applicant, Sri Saurav Yadav, learned counsel for the informant, learned A.G.A. for the State and perused the material on record.

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By means of this application, the applicant who is involved in Case Crime No. 326 of 2021, under Sections 147, 148, 149, 452, 307, 323, 427, 302 I.P.C., P.S. Sardhana, district-Meerut and is in jail since 04.08.2021, is seeking enlargement on bail during the trial.

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There is allegation against 50 persons including the applicant of forming unlawful assembly and with common intention causing offence of attempt to murder and rioting.

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It is submitted by learned counsel for the applicant that similarly placed co-accused Pramod and Gaffar have already been enlarged on bail by Coordinate Benches of this Court vide order dated 06.09.2022 passed in Criminal Misc. Bail Application no. 9092 of 2022 and order dated 30.9.2022 passed in Criminal Misc. Bail Application No.22206 of 2022, copies of bail orders produced by learned counsel for the applicant are taken on record. Criminal history has been explained. He further submitted that since the role of the applicant is identical to that of co-accused persons who have 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. However, the aforesaid factual aspect of the matter has not been disputed by him.

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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, Arjun be released on bail in the aforesaid case on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in the aforesaid case with the

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following conditions :-

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses;

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iii) The applicant shall appear on the date fixed by the trial court;

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;

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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.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 4.11.2022 AU

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Digitally signed by ADEEB UDDIN Date: 2022.11.09 10:41:30 IST Reason: Location: High Court of Judicature at Allahabad

Arjun v. State of U.P.

Case brief

What is this about?

What did the court decide?

Arjun v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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