The court allowed the bail application filed by Lotan @ Lohatan in a case under Section 307 IPC. Relying on the principle of equality under Article 14 and a co-ordinate order releasing a similarly placed co-accused, the court granted bail with conditions.
Released on bail by furnishing a personal bond and two sureties in like amount.
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Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12283 of 2023
Applicant :- Lotan @ Lohatan Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Yadav,Rajesh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri Sandeep Kumar Yadav, learned counsel for the applicant and Sri Varun Kumar Agnihotri, learned brief holder for the Staterespondent.
The instant application has been filed seeking release of the applicant on bail in Case Crime No. 188 of 2022, under Section 307 IPC, Police Station- Nebua Naurangiya, District- Kushi Nagar, during pendency of the trial in the court below.
FIR of the present case was lodged against the applicant and two others and according to the FIR, applicant and co-accused Molai caught hold the brother of the informant and thereafter co-accused Chetan inflicted knife injury on his abdomen and it is further mentioned in the FIR that in the incident one Surendra also sustained knife injury.
Learned counsel for the applicant submitted that the entire allegations made against the applicant are totally false and baseless and applicant neither participated in the alleged incident nor he ever caused any injury to the injured persons. He further submitted that even as per statements of both the injured Shailesh and Surendra, co-accused Chetan inflicted knife injury to them.
He further submitted that only allegation against the applicant and co-accused Molai is that they caught hold the injured Shailesh. He further submitted that co-accused Molai has already been released on bail by co-ordinate bench of this Court vide order dated 18.11.2022 passed in Criminal Misc. Bail Application No. 50703 of 2022.
He further submitted that bail order of co-accused Molai has been annexed as Annexure No. 8 to the affidavit and case of applicant is at par with co-accused Molai. He further submitted that applicant is not having any criminal history and he is in jail in the present
matter since 11.10.2022.
Per contra, learned AGA opposed the prayer for bail and submitted that in case of causing knife injury, role of catching hold plays important role but could not dispute the fact that similarly placed co-accused Molai has already been released on bail.
I have heard learned counsel for the parties and perused the record of the case.
Although, there is allegation against the applicant that he and coaccused Molai caught hold the injured Shailesh and thereafter coaccused Chetan inflicted knife injury to him but co-accused Molai has been released on bail. Applicant is not having any criminal history.
In case of "Satender Kumar Antil Vs. CBI & Others reported in [MANU/SC/0851/2022]" the Apex Court categorically observed that all the accused persons must be treated equally and at the time of deciding bail application of provisions of Article 14 must be considered.
Therefore, considering the dictum of the Apex Court in case of "Satender Kumar Antil Vs. CBI & Others", in my view as coaccused Molai has been released on bail and case of applicant is at par with him, therefore, on the ground of parity, applicant is also entitled to be released on bail.
Accordingly, the instant bail application is allowed .
Let the applicant- Lotan @ Lohatan be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
In case of breach of any of the above condition, the prosecution
will be at liberty to move an application before this Court for cancellation of the bail of the applicant.
Order Date :- 28.3.2023
KK Patel
Digitally signed by :- KRISHN KANT PATEL 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 a similarly placed co-accused who has already been released.
Whether Article 14 requires equal treatment of accused persons in bail applications.
What conditions must the applicant fulfill for release on bail.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. CBI & OthersExplained¶15
Satender Kumar Antil Vs. CBI & Others
Lotan @ Lohatan
State of U.P.
Sameer Jain
KRISHN KANT PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
