Bhupendra Vs State of U.P.

Court No. - 86

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16804 of 2022

Applicant :- Bhupendra Opposite Party :- State of U.P. Counsel for Applicant :- Upendra Kumar Pushkar,Hari Narayan Singh,Sonu Malik,Ulajhan Singh Bind Counsel for Opposite Party :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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

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The present bail application has been filed on behalf of applicant in Case Crime No. 539 of 2021, under Section 302 IPC, Police Station Iglas, District Aligarh, with the prayer to enlarge the applicant on bail.

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The contention as raised at the bar by learned counsel for the applicant is that applicant accused has been falsely implicated in the present case. Learned counsel for the applicant submits that the incident is said to have taken place on 11th October, 2021 whereas FIR was lodged on 12th October, 2021 on the basis of suspicion only. In fact none has seen the incident. Referring to the statement of the witness Sundari, it is further argued that if she was aware about the involvement of the applicant in commission of the present offence, this fact ought to have come in the FIR or at the time of inquest itself. In fact, none was witnessed the incident. It is submitted that co-accused persons namely Raj Kumar @ Raju, Ram Kishan @ Bhola and Lakhpat have already been enlarged on bail by this Court vide Criminal Misc. Bail Application No. 2031 of 2022 and 56365 of 2021 respectively, copies of which have already been annexed to the bail application. He further submits that since the role of the applicant is identical to that of the co-accused who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Learned counsel for the applicant lastly submits that the applicant is in jail since 10.10.2022 having no criminal history and that in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail.

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The prayer for bail has been vehemently opposed by learned counsel for the informant and learned A.G.A. However, it is not disputed the fact that the similarly placed co-accused have been granted bail by this Court.

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Considering the submissions made by learned counsel for the applicant as well as learned A. G. A. and the fact that identically placed co-accused has already been enlarged on bail, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.

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The prayer for bail is granted. The application is allowed.

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Let the applicant Bhupendra in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:

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(1). The applicant will not tamper with the prosecution evidence during the trial.

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(2). The applicant will not influence any witness.

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(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.

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(4). 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 him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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Order Date :- 20.1.2023 v.k.updh.

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Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad

Bhupendra v. State of U.P.

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Bhupendra v. State of U.P.

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