Allowed

Avadhpal @ Avaneesh and Another v. State of U.P.

Allahabad HC1 Feb 2023BAIL/1147/2023

Case brief

AI extract

What is this about?

The High Court, in Criminal Misc. Bail Application No. 1147 of 2023, allowed bail for the applicants charged under various sections of the IPC. The court held that the applicants made out a case for bail, noting the lack of prospects for near-future trial conclusion and citing.parity with co-accots already on bail. Applicants were released subject to a bond and specific conditions.

What did the court decide?

Applicants to be released on bail by furnishing a personal bond and two sureties each in the like amount, subject to specified conditions.

Avadhpal @ Avaneesh and Another Vs State of… — Murder and Culpable Homicide | Allahabad HC (2023)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1147 of 2023

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Applicant :- Avadhpal @ Avaneesh And Another Opposite Party :- State of U.P. Counsel for Applicant :- Suresh Singh,Ritesh Singh Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicants with a prayer to release them on bail in Case Crime No. 184 of 2019, under Sections 147, 148, 149, 307, 332, 333, 353/34 I.P.C., P.S. Sahawar, District Kasganj, during pendency of trial.

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It is argued by learned counsel for the applicants that applicants are innocent and have been falsely implicated in the present case. Applicants' name surfaced during investigation. He next argued that identically placed co-accused, Jugendra and Jitendra have been granted bail by Co-ordinate Bench of this Court vide orders dated 6.3.2020 and 24.09.2019 passed in Criminal Misc. Bail Application Nos. 10584 of 2020 and 37615 of 2019 respectively. He further submits that since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled to be enlarged on bail on the ground of parity. There is no prospect of trial of the present case being concluded in near future. Criminal history against the applicants has been explained in supplementary affidavit. They are languishing in jail since 14.12.2022 and in case they are enlarged on bail they will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicants but could not dispute the facts narrated by counsel for the applicants.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , passed in S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case

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for bail. The bail application is allowed.

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Let the applicants, Avadhpal @ Avaneesh and Satyapal be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicants shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

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The applicants shall cooperate in the trial sincerely without seeking any adjournment.

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The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.

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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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Order Date :- 1.2.2023 Meenu Singh

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Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad

Avadhpal @ Avaneesh and Another v. State of U.P.

Case brief

What is this about?

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Avadhpal @ Avaneesh and Another v. State of U.P.

Case brief

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