Hon'ble Court granted bail to the applicant in a second bail application filed under Sections 147, 148, 149, 302 IPC, relying on parity with co-accused released and stating applicant made out a case without expressing opinion on merits.
Released on bail on furnishing personal bond and two heavy local sureties subject to standard bail conditions.
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Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28971 of 2022
Applicant :- Aashu @ Satyapal Opposite Party :- State of U.P. Counsel for Applicant :- Bratendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present second bail application has been filed on behalf of applicant in Case Crime No. 37 of 2014, under Sections 147, 148, 149, 302 of IPC and Section 7 of Criminal Law Amendment Act, Police Station Oncha, District Mainpuri with the prayer to enlarge the applicant on bail.The first was rejected vide order dated 14.02.2019 passed in Criminal Misc. Bail Application No.6521 of 2019.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is submitted that in the first information report only general role has been assigned to the applicant. Main role of firing has been assigned to co-accused Bhanwar Singh. It is submitted that the co-accused persons namely Santosh, Ramprasad, Jaikesh, Jagveer Singh, Mantosh who have been assigned general role only, have already been enlarged on bail by Co-ordinate Bench of this Court vide Criminal Misc. Bail Application Nos.32831 of 2022, 53621 of 2021, 1160 of 2019, 19567 of 2019, 38690 of 2021 respectively, therefore, the applicant is also entitled to be released on bail on the ground of parity. It is submitted that applicant has criminal history of one case in his credit which is already explained to the bail application. It is further submitted that applicant is languishing in jail since 28.06.2014 and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the aforesaid aspect of the matter.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court
is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Aashu @ Satyapal in the aforesaid crime be released on bail on furnishing a personal bond and two heavy local sureties each in the like amount to the satisfaction of court concerned subject to the following conditions:
(1). The applicant will not tamper with the prosecution evidence during the trial.
(2). The applicant will not influence any witness.
(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.
(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.
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.
Order Date :- 24.1.2023 Mohit
Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant entitled to bail under parity with co-accused already released.
Whether the applicant has made out a case for bail considering nature of charges and cercumstances.
Aashu @ Satyapal
Mayank Kumar Jain
Mohit Kumar Kushwaha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
