Single-judge criminal court allowed bail to the applicant invoking equity and parity as a co-accused was already released, finding no adverse impact on the pending trial.
Applicant released on bail upon furnishing personal bonds and two sureties with conditions regarding court attendance and non-interference.
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Neutral Citation No. - 2023:AHC-LKO:44441
Court No. - 11
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 576 of 2023
Applicant :- Vivek Shukla Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Civil Lko.
Counsel for Applicant :- Akashdeep Shukla,Dheerendra Kr. Agnihotri
Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.
2 . The FIR in question was lodged against unknown persons. Subsequently, the name of the applicant appeared in the statement of the informant.
3 . The Counsel for the applicant argues that one of the coaccused Ankit Dixit against whom similar allegations have been levelled, has already been enlarged on bail by this Court vide order dated 10.07.2023 passed in Criminal Misc. Bail Application No.8441 of 2023, hence the applicant is also entitled to be released on bail on the ground of parity.
4. Learned A.G.A. vehemently opposed the bail prayer.
5. Considering the fact that one of the co-accused against whom similar allegations have been levelled, has been enlarged on bail by this Court couple with the fact that the applicant does not have any criminal antecedents and is in custody since 11.04.2022, there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail on the ground of parity.
6. Accordingly, the bail application is allowed .
7. Let the applicant Vivek Shukla be released on bail in FIR/ Case Crime No.132 of 2022, under Sections 302, 201, 34 IPC, Police Station Pasgawan, District Kheri on his furnishing personal bonds and two reliable sureties of the like amount each to the satisfaction of the court concerned with the following
conditions:
(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
(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.
Order Date :- 10.7.2023 akverma
Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant is entitled to bail on the ground of parity with a co-accused who has already been released on bail.
Whether the release of the applicant would adversely affect the trial of the case.
Vivek Shukla
State Of U.P.
Pankaj Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
