This bail application was allowed. The applicant, having been in jail for over two years with no criminal history and his case being at par with a co-accused whose bail was granted, was released on personal bond and two sureties.
Released on bail by furnishing a personal bond and two sureties each in the like amount.
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Neutral Citation No. - 2023:AHC:157096
Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14857 of 2022
Applicant :- Deepak Kumar Prajapati Opposite Party :- State of U.P. Counsel for Applicant :- Yogesh Kumar Srivastava,Arunesh Kumar Singh,Noor Muhammad,Shipra Kureel,Sudhir Kumar Agarwal
Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Prasad and Ravi Kumar Prajapati has been produced by the learned counsel for the applicant which is taken on record and marked as 'A'.
the first bail application of the applicant, bail application of the coaccused Shriram was allowed on 28.3.2022 by the co-ordinate bench of this Court and by the same order, bail application of coaccused Rajendra Prasad and Ravi Kumar Prajapati were dismissed by the Co-ordinate bench of this Court. It further reflects that the case of applicant is distinguishable from the case of Rajendra Prasad and Ravi Kumar Prajapati as according to the witnesses, they were assailants who caused injuries to the deceased. However, from the record, it reflects that the case of applicant is at par with the case of co-accused Shriram.
(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.
Order Date :- 4.8.2023
Ankita
Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to be released on bail as his second bail application given that coordinates bench allowed bail to a co-accused in a similar position.
Deepak Kumar Prajapati
State of U.P.
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
