Allowed

Amit v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Allahabad HC13 Mar 2024/36/2024

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad allowed a bail application under the ground of parity, granting release to an applicant accused under Sections 302, 201, and 120-B IPC based on the order granting bail to a co-accused.

What did the court decide?

Applicant released on bail in Complaint Case No.12994 of 2018 with personal bonds and two sureties of Rs.20,000/- each.

Amit Vs State of U.P. Thru. Prin. Secy. Home, Lko. and… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:22149

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36 of 2024

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Applicant :- Amit Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another Counsel for Applicant :- Pramod Kumar Agnihotri,Arjun Singh Somvanshi,Vinod Kumar Counsel for Opposite Party :- G.A.,Avnish Kumar Tiwari

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Hon'ble Pankaj Bhatia,J.

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

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Learned counsel for the applicant has argued that on the same set of allegations, co accused Kamlakant has been granted bail by this Court vide order dated 2.2.2024, hence, the applicant who is in custody since 14.9.2023 having no criminal antecedents, may be enlarged on bail on the ground of parity.

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

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Considering the allegations against the applicant to be similar to that of co accused who has been granted bail by this Court coupled with the fact that the applicant is in custody since 14.9.2023 and has no criminal antecedents and without expressing any opinion on merit, adopting the same reasoning as contained in order dated 2.2.2024 given in the case of co accused Kamlakant, I am of the view that the applicant is also entitled to be released on bail on the ground of parity.

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Accordingly, the bail application is allowed.

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Let the applicant Amit be released on bail in Complaint Case No.12994 of 2018, under Sections 302, 201, 120-B I.P.C., Police Station Kotwali Dehat, District Hardoi on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions :-

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(a) The applicant shall execute a bond to

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undertake to attend the hearings;

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

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(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.

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Order Date :- 13.3.2024

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Shukla

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

Amit v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Case brief

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Amit v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Case brief

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