In a second bail application regarding charges of affray and attempted murder, the Court granted bail based on parity with co-accused already released, subject to standard conditions and verification of sureties.
Released on bail conditioned to attend trial, not tamper with witnesses, and not indulge in illegal activities.
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.
Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53082 of 2022
Applicant :- Shivam Tamrkar Opposite Party :- State of U.P. Counsel for Applicant :- Prakash Chandra Srivastava Counsel for Opposite Party :- G.A.,Shashank Shekhar Mishra,Tarun Jha
Hon'ble Siddharth,J.
Vakalatnama filed by Sri R.P.S. Chauhan, Advocate on behalf of informant is taken on record.
Heard Sri P.C. Srivastava, learned counsel for the applicant, Sri R.P.S. Chauhan, learned counsel for the informant and learned A.G.A.
This is second bail application of the applicant.
The first bail application was rejected by the coordinate Bench of this Court vide order dated 16.05.2022. Now the case is released. This case is listed before this Court after nomination of Hon'ble the Chief Justice
By means of this application, the applicant, Shivam Tamrkar, who is involved in Case Crime No. 279 of 2021, under Sections 147, 148, 149, 307, 504 I.P.C. and Section 7 Criminal Law Amendment Act, Police Station- Mauranipur, District- Jhansi and is in jail since 15.06.2021, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that similarly placed co-accused persons, Akhilesh Vishwakarma and Sanjeev @ Kallu Sethiya, have already been enlarged on bail by this Court by orders dated 13.12.2022 and 17.10.2022 passed in Criminal Misc. Bail Application Nos. 56791 of 2022 and 18458 of 2022. He has further submitted that since the role of the applicant is identical to that of co-accused persons, Akhilesh Vishwakarma and Sanjeev @ Kallu Sethiya, who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity and for the reasons given in the order of co-accused.
The prayer for bail has vehemently been opposed by learned A.G.A.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A., this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.
In view of the above, let the applicant be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before he is accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 10.2.2023 Rohit
Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail on the ground of parity with co-accused persons already granted bail in the same case.
Whether sufficient conditions can be imposed to grant bail during the trial.
Shivam Tamrkar
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
