High Court allowed bail to applicant Gulab Chauhan in a criminal case involving multiple IPC offences. The court accepted parity arguments from similarly placed co-accused and lack of criminal history, ordering release on personal bond and two sureties.
Release of Gulab Chauhan on bail in Crime No. 79 of 2022 on furnishing personal bond and two sureties.
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Court No. - 92 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5365 of 2023
Applicant :- Gulab Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Murli Dhar Yadav,Sapan Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Sapan Kumar Singh, learned counsel for the applicant and learned A.G.A. for the State and perused the papers on record.
It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted by the learned counsel for the applicant that the F.I.R. was lodged against two named accused persons and some other unknown persons. The applicant was not named in the F.I.R. It is further submitted that the other co-accused persons namely Rajbali and Rakesh Chauhan, who were named in the F.I.R. and one Sita Ram chauhan, who was not named in the F.I.R. have already been released on bail by the Coordinate Bench of this Court, vide orders dated 13.10.2022, 21.10.2022 and 01.11.2022 passed in Criminal Misc. Bail Application Nos. 28951 of 2022, 38159 of 2022 and 48263 of 2022, respectively. Copy of the bail orders have been annexed as annexure 7 at affidavit filed in support of the bail application. As the similarly placed co-accused persons have already been released on bail, hence, on the ground of parity, the applicant is also entitled for bail. Lastly it is submitted that the applicant has no criminal history. The applicant is in jail since 05.01.2022 and if released on bail, he will not misuse the liberty of bail.
Learned A.G.A. vehemently opposed the prayer for bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Gulab Chauhan, be released on bail in Case Crime No. 79 of 2022, under Sections 323, 504, 506, 427, 147, 148, 424, 324, 304, 307 I.P.C. Police Station Ahraura, District- Mirzapur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned, subject to the
following conditions:
(i) The applicant will not tamper with prosecution evidence in any manner whatsoever.
(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activity.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 1.3.2023 Virendra
Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail under the principles of parity and lack of criminal history given the nature of the allegations and period of custody.
Gulab Chauhan
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
