Allowed

Ravi Shankar @ Ravi Shankar Patel v. State of U.P.

Allahabad HC24 Jan 2023BAIL/59510/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by the accused, who was charged with offences under sections 147, 302, and 201 IPC. The court granted bail prima facie based on the fact that a co-accused in an identical position had already been released on bail, without expressing an opinion on the merits of the case.

What did the court decide?

Release of the applicant on bail by furnishing a personal bond and two local sureties subject to standard conditions regarding interference with evidence and witnesses.

Ravi Shankar @ Ravi Shankar Patel Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

¶1

Court No. - 86

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59510 of 2022

¶3

Applicant :- Ravi Shankar @ Ravi Shankar Patel Opposite Party :- State of U.P. Counsel for Applicant :- Inspectar Singh Counsel for Opposite Party :- G.A.

¶4

Hon'ble Mayank Kumar Jain,J.

¶5

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.

¶6

The present bail application has been filed on behalf of applicant in Case Crime No. 136 of 2022, under Sections 147, 302, 201 IPC, Police Station Barsathi, District Jaunpur, with the prayer to enlarge the applicant on bail.

¶7

The contention as raised at the bar by learned counsel for the applicant is that applicant accused has been falsely implicated in the present case. Learned counsel for the applicant submits that the applicant is Jeth of the deceased. General role has been assigned to the applicant. No body has seen the incident. It is next submitted that the applicant is living separately with the deceased and her husband, in support of separate living the applicant has filed ration card. It is also submitted that coaccused person namely Vanshidhar Patel, who is father-in-law of the deceased has already been enlarged on bail by coordinate Bench of this Court vide Criminal Misc. Bail Application No. 46563 of 2022, copy of which have already been annexed to the supplementary affidavit. He further submits that since the role of the applicant is identical to that of the co-accused who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Learned counsel for the applicant lastly submits that the applicant is in jail since 28.08.2022 having no criminal history and that in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail.

¶8

The prayer for bail has been vehemently opposed by learned counsel for the informant and learned A.G.A. However, it is not disputed the fact that the similarly placed co-accused have been granted bail by this Court.

¶9

Considering the submissions made by learned counsel for the applicant as well as learned A. G. A. and the fact that identically placed co-accused has already been enlarged on bail, without

¶10

expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.

¶11

The prayer for bail is granted. The application is allowed.

¶12

Let the applicant Ravi Shankar @ Ravi Shankar Patel in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:

¶13

(1). The applicant will not tamper with the prosecution evidence during the trial.

¶14

(2). The applicant will not influence any witness.

¶15

(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.

¶16

(4). 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 him from disclosing such facts to the Court to any police officer or tamper with the evidence.

¶17

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

¶18

Order Date :- 24.1.2023 v.k.updh.

¶19

Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad

Ravi Shankar @ Ravi Shankar Patel v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ravi Shankar @ Ravi Shankar Patel v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Vishal Vs State of U.P.

Saurabh Pratap Singh Vs State of U.P.

Pooja Singh Vs State of U.P.

Sanjay Kumar Sharma @ Kallu Vs State of U.P.

Kuldeep Vs State of U.P.

Aashu @ Satyapal Vs State of U.P.