In a second bail application under Sections 147, 148, 149 IPC, this court allowed the applicant, a co-accused not named in the FIR, to be released on bail based on parity with another co-accused already granted bail.
The applicant is released on bail on furnishing a personal bond and two heavy sureties each, subject to standard conduct conditions.
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. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9732 of 2023
Applicant :- Sujit Singh Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Kumar Chaubey,Akhand Pratap Singh Counsel for Opposite Party :- G.A.,Subedar Shukla
Hon'ble Krishan Pahal,J.
accused persons has come out to be ten. Learned counsel has next stated that the said names have been added after due deliberations and consultations. Learned counsel has stated that had the applicant been one of the assailants, his name would have come up at the time of lodging of the FIR itself, which is too prompt. Learned counsel has submitted that the statement of the injured person Akhilesh Tripathi, was recorded later on and he has one more person to be the assailant. Learned counsel has next submitted that of the persons added, the co-accused person Ashish Tiwari has been enlarged on bail by a co-ordinate Bench of this Court vide order dated 1.2.2023 passed in CRIMINAL MISC. BAIL APPLICATION No. - 56546 of 2022. He further submitted that since the role of the applicant is identical to that of co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Learned counsel has next stated that the prosecution story stands falsified on the count that all the three injured persons of which two have expired, had sustained only one firearm injury each. Learned counsel has next stated that had the assailants fired the way the prosecution story stands, they would have sustained much more firearm injury. Learned counsel has also stated that there is a false recovery of a country made pistol foisted on the applicant. Learned counsel has fairly conceded the fact that the bail application of the applicant was rejected by this Court vide order dated 22.7.2022 passed in CRIMINAL MISC. BAIL APPLICATION No. - 39838 of 2021 by a common order with respect to five accused persons. Learned counsel has next stated that the applicant is entitled to bail on account of the judgement of this Court passed in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938. Learned counsel has also stated that the said parity is drawn from Article 14 of the Constitution of India, whereby even the personal liberty of the applicant stands violated as provided under Article 21 of the Constitution of India.
on merits. Learned counsel for the informant has further stated that the three witnesses of fact have been examined in Court and all have nominated the applicant therein. Learned A.G.A. has stated that the applicant has a criminal history of five cases and he is not entitled for bail.
i. The applicant will not tamper with the evidence during the trial.
ii. The applicant will not pressurize/ intimidate the prosecution witness.
iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
iv. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
v. 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 or to any police officer or tamper with the evidence.
Order Date :- 5.4.2023 Shalini
Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad
2 issues framed by the court
Whether an applicant is entitled to bail on the ground of parity with a co-accused granted bail despite a prior merit-based rejection.
Whether the delayed inclusion of the applicant in the FIR and initial omission from the incident impacts bail grantability.
Colour shows how this judgement treated each authority
Nanha S/o Nabhan Kha vs. State of U.P.Referred¶10
Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938
Paras Ram Vishnoi vs. The Director, Central Bureau of InvestigationReferred¶14
Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021
Sujit Singh
Krishan Pahal
Shalini Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Krishan Pahal and Shalini Jaiswal
Parties & counsel
