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

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

What the court decided

AI extract

Outcome

Applicant Neta Prasad to be released on bail in FIR/Case Crime No. 368 of 2023, under Section 304 I.P.C., Police Station Sadarpur, District Sitapur, on furnishing personal bonds and two reliable sureties of Rs. 20,000/- each to the satisfaction of the court concerned, subject to conditions (a)-(c): attendance at hearings, non-commission of similar offences, and no inducement, threat or promise to any person acquainted with the facts or tampering with evidence.

Issue for consideration

Whether the applicant Neta Prasad is entitled to be released on bail in Case Crime No. 368 of 2023 under Section 304 I.P.C., Police Station Sadarpur, District Sitapur, on the ground of parity, the main accused Ram Lakhan having been enlarged on bail by this Court.

Court's answer

Considering that the name of the applicant did not surface in the F.I.R. and the main accused Ram Lakhan has been enlarged on bail, the applicant, who is in custody since 29.10.2023 with no criminal history, is also entitled to be released on bail on the ground of parity.

Ratio / Principle

Bail application allowed; the applicant to be released on bail in FIR/Case Crime No. 368 of 2023 under Section 304 I.P.C. on furnishing personal bonds and two reliable sureties of Rs. 20,000/- each, subject to conditions (a) to (c) regarding attendance, non-commission of similar offences and non-tampering with evidence.

Detailed headnote1 paragraphs

Bail — release on ground of parity — applicant Neta Prasad sought bail in FIR/Case Crime No. 368 of 2023 under Section 304 I.P.C., Police Station Sadarpur, District Sitapur — applicant's name did not surface in the F.I.R.; main accused Ram Lakhan, whose name figured in the F.I.R. and in witness statements, had already been enlarged on bail by the Court vide order dated 13.2.2024 — applicant in custody since 29.10.2023 with no criminal history — A.G.A. opposed but could not deny parity — held, applicant entitled to bail on parity; bail allowed on personal bonds and two reliable sureties of Rs. 20,000/- each, with conditions against absence, commission of similar offences and tampering/inducement. (Allahabad High Court, Lucknow Bench; Pankaj Bhatia, J.; Order dated 19.2.2024; Neutral Citation 2024:AHC-LKO:14538.)

Neutral Citation No. - 2024:AHC-LKO:14538

Court No. - 12

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45 of 2024

Applicant :- Neta Prasad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Harendra Pratap Singh,Sonam Pandey 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.

Counter afÏdavit filed on behalf of the respondent State is taken on record.

Learned counsel for the applicant has argued that the main accused Ram Lakhan whose name also figured in the F.IR.as well as in the statements of the witnesses, has been enlarged on bail vide order dated 13.2.2024 passed by this Court. The applicant is in jail since 29.10.2023 having no criminal history, hence he may be released on bail on the ground of parity.

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

Considering the fact that the name of the applicant did not surface in the F.I.R. and the main accused Ram Lakhan has been enlarged on bail, as such the applicant who is in custody since 29.10.2023 having no criminal history is also entitled to be released on bail on the ground of parity.

Accordingly, the bail application is allowed.

Let the applicant Neta Prasad be released on bail in FIR/ Case Crime No.368 of 2023, under Section 304 I.P.C., Police Station Sadarpur, District Sitapur 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 :-

(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 :- 19.2.2024

Shukla

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