The Allahabad High Court granted bail to the applicant in a criminal case involving multiple IPC offences. Relying on parity with a co-accused already released on bail, the Court held it fit to release the applicant on personal bond and two sureties.
Granted bail on personal bond and two sureties with conditions against tampering with evidence or witnesses.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:126211
Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48413 of 2022
Applicant :- Jayveer Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Vashistha Counsel for Opposite Party :- G.A.
Hon'ble Ms. Nand Prabha Shukla,J.
Supplementary affidavit filed in Court today is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No180 of 2018, under Sections 328, 342, 365, 376D, 392 IPC, P.S. Awagarh, District Etah.
It is submitted by learned counsel for the applicant that similarly placed co-accused Bhanu Pratap has already been enlarged on bail by another Bench of this Court by order dated 23.03.2023 passed in Criminal Misc. Bail Application No.35576 of 2022, copy of the bail order produced by learned counsel for the applicant is taken on record. He further submitted that since the role of the applicant is identical to that of co-accused Bhanu Pratap, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Lastly he submitted that the applicant has no previous criminal history and he is languishing in jail since 18.08.2022 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned AGA has opposed the bail plea. However, learned A.G.A. does not dispute the factum of parity.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed .
Let the applicant Jayveer be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions;-
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 12.6.2023 Mini
Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail is maintainable on the ground of parity with a co-accused who has already been enlarged on bail.
2 provisions across 1 enactments
Jayveer
Nand Prabha Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
