Single judge allowed bail to the applicant, Kalu @ Amrish, in a kidnapping and robbery case, finding it a fit case based on parity with co-accused already released on bail and lack of evidence of misuse.
Order to release applicant Kalu @ Amrish on bail by furnishing a personal bond and two reliable sureties of equal amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11521 of 2023
Applicant :- Kalu @ Amrish Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A.
Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No. 493 of 2022, under Sections 342, 395, 412, 120-B I.P.C., Police Station- Budhana, District- Muzaffarnagar.
It is submitted by learned counsel for the applicant that similarly placed co-accused Kasim, Mujammil have already been enlarged on bail by another Bench of this Court by order dated 07.02.2023, 15.02.2023 passed in Criminal Misc. Bail Application Nos. 3795 of 2023 and 4291 of 2023 respectively. Copies whereof have been annexed as Annexure '8' of the bail application. He further submitted that since the role of the applicant is identical to that of co-accused Kasim, Mujammil, who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Lastly he submitted that the applicant is languishing in jail since 31.12.2022 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned AGA has opposed the bail plea. However, learned A.G.A. does not dispute the factum of parity.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed .
Let the applicant- Kalu @ Amrish be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions;-
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
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.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 17.3.2023 Shivani
Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to bail on the ground of parity with similarly placed co-accused already released on bail.
Whether the present case qualifies as a fit case for bail despite the gravity of the offences.
What conditions must the applicant fulfill to secure release on bail.
Kalu @ Amrish
State of U.P.
Nand Prabha Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
