Hon'ble High Court of Allahabad allowed bail application of Smt. Neelam Yadav, finding it a fit case for bail on ground of parity with similarly placed co-accused already released, imposing standard bail conditions.
Released on bail under Sections 396, 412 IPC upon furnishing personal bond and two sureties.
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Neutral Citation No. - 2023:AHC:125967
Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25100 of 2023
Applicant :- Smt. Neelam Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Shweta Singh,Rakesh Kumar Maurya Counsel for Opposite Party :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicate in the present case. She is not named in the first information report. The similarly placed other co-accused namely Yagyapal @ Karua, Sachin, Avdhesh Kumar and Pankaj having identical role has already been released on bail by the coordinate Bench of this Court, vide orders dated 09.02.2022, 26.08.2022, 11.05.2022 and 03.08.2022, passed in Criminal Misc. Bail Applications No. 33806 of 2021, 28288 of 2021, 51997 of 2021 and 33308 of 2022. Copies of the bail orders have been annexed as Annexure No. 6 to the affidavit filed along with bail application. The applicant has no previous criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 25.04.2021.
Learned A.G.A. for the State vehemently opposed the prayer of bail. However, he does not dispute the aforesaid facts.
Considering the submissions of learned counsel for the parties, from perusal of the record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage, without commenting on the merits of the case, I find it a fit case for bail on the ground of parity. The bail application is allowed .
Let the applicant Smt. Neelam Yadav be released on bail in Case Crime No. 149 of 2021, under Sections 396, 412 I.P.C., registered at Police Station Hari Parvat, District Agra, on furnishing a personal bond and two sureties each in the like amount to the
satisfaction of the Court concerned, subject to the following conditions:
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim / complainant in any manner whatsoever.
(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activity.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 9.6.2023 sailesh
Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail on grounds of parity with similarly placed co-accused already released.
Whether the Applicant's innocence and lack of criminal history justify her release on bail.
Smt. Neelam Yadav
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
