Allowed

Paramjeet v. State of U.P.

Allahabad HC7 Apr 2023BAIL/892/2023

Case brief

AI extract

What is this about?

Criminal Extraordinary Bail Application filed by Paramjeet in a riot and attempted murder case. Despite the serious charges, the Single Judge allowed bail citing parity with co-accused and absence of criminal history, adhering to the Satendra Kumar Antil principles.

What did the court decide?

The applicant was granted release on bail on furnishing a personal bond and two sureties subject to standard conditions.

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

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Court No. - 87

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 892 of 2023

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Applicant :- Paramjeet Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Tripathi,Manoj Vashisth Counsel for Opposite Party :- G.A.,Anand Kumar

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant; counsel for the informant and learned A.G.A. for the 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.331 of 2022, under Sections 147, 148, 149, 504, 307, 308, 323 I.P.C., P.S. Babugarh, District Hapur, during pendency of the trial.

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Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case. General role has been assigned to all the accused persons. Out of six nominated accused, four accused persons have been granted bail by this Court. Though one injured has assigned the role to applicant for causing injury but other injured has given general role to the applicant and other accused persons. It has been next submitted that applicant's side also received injury. Further submission is that similarly situated co-accused Dharmendra Kumar @ Dhanni and Sukhe have been granted bail by Coordinate Bench of this Court vide orders dated 11.01.2023 and 12.01.2023 passed in Crl. Misc. Bail Application Nos.55819 of 2022 and 55970 of 2022, respectively, hence the applicant is also entitled to be enlarged on bail on the ground of parity. The applicant has no criminal history. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 19.11.2022 and in case, he is enlarged on bail he will not misuse the liberty of bail and cooperate in trial.

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Learned A.G.A. and counsel for the informant vehemently opposed the bail prayer of the applicant but could not dispute parity claimed by the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view

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the nature of offence, evidence, complicity of accused 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, Paramjeet, who is involved in the aforesaid case crime, 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 :- 7.4.2023 Meenu Singh

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

Paramjeet v. State of U.P.

Case brief

What is this about?

What did the court decide?

Paramjeet v. State of U.P.

Case brief

What is this about?

What did the court decide?

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