Pradeep Vs State of U.P. Thru. Prin. Secy… — Murder and Culpable Homicide | Allahabad HC (2024)

Pradeep Vs State of U.P. Thru. Prin. Secy… — Murder and Culpable Homicide | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Bail application allowed; applicant Pradeep to be released on bail in FIR/Case Crime No. 533 of 2023 on furnishing personal bond and two reliable sureties of like amount each to the satisfaction of the court concerned, subject to conditions: (a) executing a bond to attend hearings; (b) not committing any similar offence; (c) not directly or indirectly making any inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure to the Court or police, or tampering with the evidence.

Issue for consideration

Whether the applicant Pradeep, arraigned in FIR/Case Crime No. 533 of 2023 under Sections 304, 323, 506 IPC, Police Station Kotwali Dehat, District Hardoi, is entitled to be enlarged on bail on the ground of parity with co-accused Raj Kumar @ Raju, who has already been granted bail.

Court's answer

The applicant is entitled to be released on bail on the ground of parity: the allegations against him are similar to those against co-accused Raj Kumar @ Raju, who was granted bail by this Court, and the Court adopted the same reasoning as its bail order dated 2.7.2024, coupled with the facts that the applicant has no criminal antecedents and has been in jail since 16.9.2023.

Detailed headnote1 paragraphs

Neutral Citation 2024:AHC-LKO:46657 — Allahabad High Court, Lucknow Bench (Pankaj Bhatia, J.), Criminal Misc. Bail Application No. 325 of 2024, order dated 9.7.2024: Bail granted to applicant Pradeep in FIR/Case Crime No. 533 of 2023 under Sections 304, 323, 506 IPC, Police Station Kotwali Dehat, District Hardoi, solely on the ground of parity with co-accused Raj Kumar @ Raju, who had been enlarged on bail by the same Court vide order dated 2.7.2024 in Criminal Misc. Bail Application No. 397 of 2024, the Court expressly adopting the reasoning of that order. Supporting facts: applicant has no criminal antecedents and is in custody since 16.9.2023; learned A.G.A. opposed but could not deny parity. Release directed on personal bond and two reliable sureties of like amount each, with conditions to attend hearings, refrain from similar offences, and abstain from inducement/threat/promise or tampering with evidence.

Neutral Citation No. - 2024:AHC-LKO:46657

Court No. - 12

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 325 of 2024

Applicant :- Pradeep Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Suresh Kumar Yadav Counsel for Opposite Party :- G.A.

Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

The applicant seek enlargement on bail in FIR/Case Crime No.533 of 2023, under Sections 304, 323, 506 IPC, Police Station Kotwali Dehat, District Hardoi.

It is argued that the co-accused Raj Kumar @ Raju with similar role, has been enlarged on bail vide order dated 2.7.2024 passed by this Court in Criminal Misc Bail Application No.397 of 2024. Hence, the applicant who is languishing in jail since 16.9.2023 having no criminal history, may also be enlarged on bail on the ground of parity.

Learned A.G.A. vehemently opposed the bail prayer but could not deny the ground of parity.

Considering the allegations against the applicant to be similar to the co accused who has been granted bail by this Court and adopting the same reasoning as contained in the bail order dated 2.7.2024 passed in the case of co accused coupled with the fact that the applicant has no criminal antecedents and is languishing in jail since 16.9.2023, I am of the view that the applicant is entitled to be released on bail on the ground of parity.

Accordingly, the bail application is allowed.

Let the applicant Pradeep be released on bail in the above-said first information report number on his furnishing personal bonds and two reliable sureties of like amount each to the satisfaction of the court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) 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 ofÏcer or tamper with the evidence.

Order Date :- 9.7.2024

Shukla

Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench