The High Court, Allahabad (Lucknow Bench) allowed a bail application on the ground of parity with two co-accused who have been enlarged on bail for similar roles. The applicant was released on furnishing a personal bond and two sureties.
Application allowed; applicant released on bail on furnishing personal bond and two sureties.
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Neutral Citation No. - 2024:AHC-LKO:31159
Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2547 of 2024
Applicant :- Akshay Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Rayees Ahmad Khan Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.
It is alleged in the prosecution case that on 1.11.2023 at about 7.00p.m., the brother of the informant Aman Singh went out from home. The informant heard the noise of quarrel from other side of the village at approximately 300metres. Apprehending some danger to Aman, the informant and his brother Tanuj Singh went there and found that nine named accused along with 5-6 unknown persons are badly beating the deceased. They tried to intervene after reaching on the spot, however, they were also attacked. They flew from there.
Learned counsel for the applicant submits that the applicant has been falsely implicated. Nine named and 5-6 unknown persons have been falsely roped in this case. Two injured persons have not assigned any specific role to the applicant; rather general role has been assigned to everyone. Initially, a first information report was registered under sections 147, 323, 352, 304 I.P.C., however, later on, it has been altered to section 302 I.P.C.. It is further submitted that no motive has been assigned to the applicant. The applicant has no previous criminal history. The applicant is in jail since 23.1.2024.
Learned counsel for the applicant submits that co-accused Sachin Kashyap & Suresh @ Sonu Kashyap who were assigned similar role have been enlarged on bail by this Court vide orders dated 09.04.2024 & 27.02.2024 passed in criminal misc. bail application Nos.3951 of 2024 & 1884 of 2024. Learned counsel for the applicant seeks parity with the bail orders of aforesaid co-accused.
It is further submitted that the applicant is languishing in jail since 23.01.2024 without having any criminal antecedent. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned AGA has opposed the bail application, however, could not dispute the fact it is a case of parity.
On due consideration to the fact that co-accused Sachin Kashyap & Suresh @ Sonu Kashyap who were assigned similar role have been enlarged on bail, coupled with the fact that the applicant is languishing in jail since 23.01.2024 without having any criminal antecedent and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail on the ground of parity.
Accordingly, the bail application is allowed on the grounds of parity .
Let the applicant, Akshay Verma , involved in Case Crime/FIR No. 520/2023, under Sections 147/323/352/302 IPC, Police Station - Mohanlalganj, District - Lucknow, 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 with the following conditions which are being imposed in the interest of justice:-
(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 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.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 22.4.2024 Saurabh Yadav/-
Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant should be released on bail on the ground of parity with co-accused who have similar roles.
Akshay Verma
State Of U.P. Thru. Prin. Secy. Home Lko.
Karunesh Singh Pawar
As recorded by the court registry
3 orders share this CNR
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