Raj Kumar @ Raju Vs State of U.P. Thru. Prin… — Murder and Culpable Homicide | Allahabad HC (2024)

Raj Kumar @ Raju Vs State of U.P. Thru. Prin… — Murder and Culpable Homicide | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Release of applicant Raj Kumar @ Raju on bail in Case Crime No.533 of 2023 on furnishing a personal bond and two reliable sureties of Rs.20,000/- each of the like amount to the satisfaction of the court concerned, subject to conditions (a) attend hearings, (b) not commit any similar offence, and (c) not directly or indirectly make any inducement, threat or promise to dissuade disclosure of facts or tamper with evidence.

Issue for consideration

Whether the accused-applicant Raj Kumar @ Raju, in custody since 18.10.2023 with no criminal history, is entitled to bail in Case Crime No.533 of 2023 (sections 304, 323, 506 I.P.C., P.S. Kotwali Dehat, District Hardoi) on the ground of parity with co-accused Shyama.

Court's answer

Considering that the allegations and material collected against the applicant are similar to those against the co-accused already enlarged on bail, that the applicant is in jail since 18.10.2023 with no criminal history, and adopting the reasonings of the order dated 1.7.2024 in Crl. Misc. Bail Application No.6806 of 2024, the applicant is entitled to bail on the ground of parity.

Ratio / Principle

The bail application is allowed; the applicant Raj Kumar @ Raju is to be released on bail in the aforesaid first information report on furnishing a personal bond and two reliable sureties of Rs.20,000/- each of the like amount, subject to the conditions of attending hearings, not committing similar offences, and not inducing, threatening or promising any person acquainted with the facts so as to dissuade disclosure or tamper with evidence.

Detailed headnote1 paragraphs

Bail allowed on parity — High Court of Judicature at Allahabad, Lucknow Bench (Pankaj Bhatia, J.; Order dated 2.7.2024; Neutral Citation 2024:AHC-LKO:44970). Applicant Raj Kumar @ Raju, accused in Case Crime No.533 of 2023 under sections 304, 323, 506 I.P.C., Police Station Kotwali Dehat, District Hardoi, and in custody since 18.10.2023 with no criminal history, was enlarged on bail because the allegations and material against him were similar to those against co-accused Shyama, already enlarged on bail by the Court; the reasonings of the order dated 1.7.2024 in Crl. Misc. Bail Application No.6806 of 2024 were expressly adopted. Release directed on a personal bond and two reliable sureties of Rs.20,000/- each, with conditions to attend hearings, abstain from similar offences, and refrain from inducement, threat or promise to witnesses or tampering with evidence.

Neutral Citation No. - 2024:AHC-LKO:44970

Court No. - 12

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 397 of 2024

Applicant :- Raj Kumar @ Raju Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko.

Counsel for Applicant :- Aakash Srivastava,Ajeet Kumar Singh,Apoorv Srivastava

Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the applicant, learned AGA and perused the record.

The accused-applicant seeks bail in Case Crime No.533 of 2023 under sections 304, 323, 506 I.P.C., Police Station Kotwali Dehat, District Hardoi.

It is argued that arising out of the same case crime number, co accused Shyama has been enlarged on bail by this Court. Hence, the applicant who is languishing in jail since 18.10.2023 having no criminal history, may be enlarged on bail on the ground of parity.

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

Considering the allegations against the applicant and the material collected are similar to the co-accused who has been enlarged on bail coupled with the fact that the applicant is languishing in jail since 18.10.2023 having no criminal history, adopting the same reasonings as contained in order dated 1.7.2024 passed by this Court in Crl. Misc. Bail Application No.6806 of 2024, the applicant is also entitled for the bail on the ground of parity.

Thus the bail application is allowed.

Let the applicant Raj Kumar @ Raju be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- each of the like amount 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 :- 2.7.2024

Shukla

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