Allowed

Balram and Another v. State of U.P.

Allahabad HC23 Aug 2023BAIL/34448/2023

Case brief

AI extract

What is this about?

In a criminal miscellaneous bail application, the Court allowed the bail plea of the applicants, Balram and Sudesh, on the ground of parity with a co-accused who had already been granted bail. The Court prescribed standard conditions for bail including attendance and cooperation with the trial.

What did the court decide?

Applicants released on bail upon executing personal bond and furnishing two sureties each satisfying the court.

Balram and Another Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:169544

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34448 of 2023

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Applicant :- Balram And Another Opposite Party :- State of U.P. Counsel for Applicant :- Raghuvansh Misra Counsel for Opposite Party :- G.A.,Anurag Shukla,Kunwar Bhadur Dixit

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Hon'ble Siddharth,J.

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Heard Sri Raghuvansh Misra, learned counsel for the applicants; Sri Anurag Shukla, learned counsel for the informant and learned A.G.A. for the State and perused the material on record.

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By means of this application, the applicants, Balram and Sudesh, who are involved in Case Crime No. 878 of 2022, under Section 147, 148, 149, 307, 302, 504, 506 IPC, P.S.- Kotwali, District- Mainpuri and applicant no. 1 is in jail since 16.06.2023 and applicant no. 2 is in jail since 07.06.2023, are seeking enlargement on bail during the trial.

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It is submitted by learned counsel for the applicants that similarly placed co-accused, Dinesh, has already been enlarged on bail by this Court by order dated 12.6.2023 passed in Criminal Misc. Bail Application No. 20334 of 2023. He has further submitted that since the role of the applicants are identical to that of co-accused, Dinesh, who has already been enlarged on bail, they are also entitled to be enlarged on bail on the ground of parity and for the reasons given in the order of co-accuseds. The applicants have criminal history of one case to their credits.

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The prayer for bail has vehemently been opposed by learned A.G.A.

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Considering the submissions made by learned counsel for the applicants as well as learned A.G.A., this Court is of the view that the applicants have made out a case for grant of bail on the ground of parity.

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In view of the above, let the applicants be released on bail on their executing a personal bond and furnishing two sureties each in

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the like amount to the satisfaction of the court concerned with the following conditions :-

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i. The applicants will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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ii. They will not tamper with the witnesses.

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iii. They will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before he is accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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Order Date :- 23.8.2023 Rohit

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Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad

Balram and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Balram and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

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