Allowed

Ashish v. State of U.P.

Allahabad HC31 Jan 2023BAIL/59810/2022

Case brief

AI extract

What is this about?

In a bail application under Section 437 CrPC, the Allahabad High Court granted bail to the applicant accused of offences under IPC 376D, 323, and 506. The Court held that since similarly placed co-accused were already released on bail, a prima facie case for bail was made out.

What did the court decide?

Application allowed; applicant released on bail on furnishing personal bond and two sureties.

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

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59810 of 2022

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Applicant :- Ashish Opposite Party :- State of U.P. Counsel for Applicant :- Vinay Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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

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The present bail application has been filed on behalf of applicant in Case Crime No. 223 of 2022, under Sections 376D, 323, 506 of IPC, Police Station Taalbehat, District Lalitpur with the prayer to enlarge the applicant on bail.

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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. It is submitted that co-accused persons Mohit and Akhilesh have already been enlarged on bail by this Court vide order dated16.01.2023 and 24.01.2023 passed in Criminal Misc. Bail Application Nos.-53445 of 2022 and 53054 of 2022 respectively. He further submits that since the role of the applicant is identical to that of the co-accused persons 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 06.08.2022 having no criminal history and that in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail.

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The prayer for bail has been vehemently opposed by learned A.G.A. However, he does not dispute the fact that the similarly placed co-accused has been granted bail by this Court.

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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 expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. The prayer for bail is granted. The application is allowed.

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Let the applicant Ashish in the aforesaid crime be released on bail on furnishing a personal bond and two sureties in the like amount

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to the satisfaction of court concerned subject to the following conditions:

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

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(2). The applicant will not influence any witness. (3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted. (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.

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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.

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Order Date :- 31.1.2023 Virendra

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Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad

Ashish v. State of U.P.

Case brief

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Ashish v. State of U.P.

Case brief

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