Alleged offender was granted bail by Court No. 87 of Allahabad High Court. Applicant argued for bail based on innocence, lack of role in FIR, and parity of punishment with a co-accused. Court allowed bail subject to bond and conditions.
Bail granted on furnishing personal bond and two sureties in like amount subject to standard conditions.
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Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11768 of 2023
Applicant :- Anshul Opposite Party :- State of U.P. Counsel for Applicant :- Jagdish Prasad Mishra Counsel for Opposite Party :- G.A.,Aniruddha Kumar Dwivedi
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant; learned counsel for the informant; learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.31 of 2023, under Sections 147, 148, 149, 307, 341, 504, 506, 427, 323, 324, 498-A I.P.C. and 3/4 D.P. Act, P.S. Chhapar, District Muzaffarnagar, during pendency of the trial.
Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case. The applicant is not named in the F.I.R. His name surfaced in the statement of one Vipin Kumar. No specific role has been attributed to the applicant. The applicant has no concern with the alleged recovery. Further submission is that co-accused Vipin Kumar has been granted bail by Co-ordinate Bench of this Court vide order dated 27.03.2023 passed in Crl. Misc. Bail Application No. 11760 of 2023 and the case of the applicant stands on identical footing, hence he is entitled to be enlarged on bail on the ground of parity. The applicant has no criminal history. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 30.01.2023 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. opposed the bail prayer of the applicant.
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 for bail. The bail application is allowed.
Let the applicant, Anshul, who is involved in the aforesaid case crime, be released on bail on his 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 4.4.2023 Meenu Singh
Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail application of the applicant implicating him in offences under IPC and DP Act is allowed.
Whether parity between co-accused Vipin Kumar who was granted bail is a relevant consideration.
Colour shows how this judgement treated each authority
Crl. Misc. Bail Application No. 11760 of 2023Referred¶7
2 provisions across 2 enactments
Anshul
State of U.P.
Deepak Verma
Meenu Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Deepak Verma and Meenu Singh
Parties & counsel
