Allowed

Vishwanath @ Bandey v. State of U.P.

Allahabad HC13 Jan 2023BAIL/51750/2022

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant in a criminal case involving sections 147, 148, 149, 307, 323, 506, 188 IPC. The court allowed the application based on parity with co-accused already on bail and after considering the nature of the offence, without expressing a final opinion on merits or invoking the recent Supreme Court decision in Satendra Kumar Antil.

What did the court decide?

Applicant released on bail with personal bond and two sureties, subject to conditions regarding witness tampering, cooperation in trial, and non-commission of crime.

Vishwanath @ Bandey Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51750 of 2022

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Applicant :- Vishwanath @ Bandey Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A.,G.S. Chauhan,Sunil Kumar Yadav

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant; learned counsel for the informant; learned A.G.A. on behalf of State and perused the record.

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The instant bail application has been filed on behalf of the applicant, with a prayer to release him on bail in Case Crime No.205 of 2022, under Sections 147, 148, 149, 307, 323, 506, 188 IPC Police Station Moth, District Jhansi, during pendency of trial.

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As per F.I.R. seven persons including the applicant were involved in causing injury to the injured. It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. He next argued that five co-accused persons namely, Pawan, Ram Manoj, Shubham @ Shivam, Pramod Kumar @ Modi and Govind Singh have been granted bail by Co-ordinate Bench of this Court vide orders dated 08.12.2022, 19.12.2022, 21.12.2022, 20.12.2022 and 25.11.2022 passed in Criminal Misc. Bail Application Nos. 55693 of 2022, 54592 of 2022, 55607 of 2022, 56111 of 2022 and 51177 of 2022, respectively and the case of the applicant stands on identical footing, hence he is also entitled to be enlarged on bail on the ground of parity. He further submits that since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled to be enlarged on bail on the ground of parity. Specific role of causing injury with lathi/danda has been assigned to co-accused Ram Manoj and Shubham @ Shivam. Criminal history of the applicant has been explained in para-32 of the bail application. He is languishing in jail since 01.09.2022. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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On the other hand, learned AGA and counsel for the informant vehemently opposed the prayer for bail but could not dispute the aforesaid facts.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and the fact that the case of the applicant is similar to that of coaccused, who have been granted bail and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , passed in S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Vishwanath @ Bandey 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 following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 13.1.2023 Meenu Singh

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Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad

Vishwanath @ Bandey v. State of U.P.

Case brief

What is this about?

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Vishwanath @ Bandey v. State of U.P.

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