Allowed

Raja Alias Shivam Lal Yadav v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Allahabad HC4 Jul 2023/344/2023

Case brief

AI extract

What is this about?

In this bail application, the High Court at Lucknow allowed the applicant's plea for bail based on parity. The co-accused Shekhar Kashyap, accused in similar circumstances, had already been granted bail. The court directed the release on bail subject to personal and surety bonds.

What did the court decide?

The applicant was ordered to be released on bail subject to a personal bond and two sureties.

Raja Alias Shivam Lal Yadav Vs State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others — Allahabad HC (2023) — LawSathi Research

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Neutral Citation No. - 2023:AHC-LKO:42646

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 344 of 2023

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Applicant :- Raja Alias Shivam Lal Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Jaikaran,Madhur Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant, learned AGA and perused the record.

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The accused-applicant seeks bail in Case Crime No.630 of 2019 under sections 365, 370, 370A, 376, 419, 420 IPC and section 3/4 POCSO Act, P.S. Gazipur, District Lucknow.

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It is argued that Shekhar Kashyap who was also not named in the first information report has been enlarged on bail by this Court vide order dated 07.12.2021 passed in Bail No.5351 of 2020. He argues that even the name of the applicant did not surface in the first information report and thus, the applicant is similarly situated in so far as Shekhar Kashyap is concerned.

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Considering the nature of the allegations contained in the first information report and the fact that the co-accused who is similarly circumstanced has been enlarged on bail, the applicant is also entitled for grant of bail on the ground of parity. The present application is allowed.

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Let the applicant Raja Alias Shivam Lal Yadav be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court below concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 4.7.2023 VNP/-

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Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Raja Alias Shivam Lal Yadav v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Raja Alias Shivam Lal Yadav v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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