Allowed

Sudhanshu Ranjan v. State of U.P. and Another

Allahabad HC25 Sept 2023BAIL/40539/2023

Case brief

AI extract

What is this about?

In a bail application filed under Sections 419/420 IPC and UP Public Examination Act, 1998, the Allahabad High Court allowed the applicant's release on bail, relying on parity with a co-accused already granted bail, without commenting on case merits.

What did the court decide?

Bail allowed on personal bond and sureties with conditions to appear in court and not tamper with evidence.

Sudhanshu Ranjan Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:188200

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40539 of 2023

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Applicant :- Sudhanshu Rajan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Pandey,Srestha Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Sharma,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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The instant bail application has been filed with a prayer to enlarge the applicant on bail in FIR/Case Crime No.350 of 2023, under Sections 419/420 IPC and Section 6/10 UP Public Examination (Prevention of Unfair Means), 1998, Police Station Kotwali, District Azamgarh, during the pendency of trial.

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It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further argued that similarly placed coaccused person, Nirajnaj Kumar @ Vikas Kumar has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 22.08.2023 passed in Criminal Misc. Bail Application No.35608 of 2023. He further submitted that since the role of the applicant is identical to that of co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. There is no likelihood of his abscondence or tampering with the evidence. The applicant is languishing in jail since 28.06.2023, having no criminal history. In case he is enlarged on bail, he will not misuse the said liberty.

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Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the submissions made above, facts and circumstances of the case but without commenting on the merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

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Let the applicant - Sudhanshu Rajan , involved in the

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aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence;

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(iii) shall not pressurize the prosecution witnesses.

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

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Order Date :- 25.9.2023

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Shahroz

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Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad

Sudhanshu Ranjan v. State of U.P. and Another

Case brief

What is this about?

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Sudhanshu Ranjan v. State of U.P. and Another

Case brief

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What did the court decide?

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