Allowed

Abhishek Kumar Singh @ Abhishek Thakur v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC22 Apr 2024BAIL/3056/2024

Case brief

AI extract

What is this about?

The Court allowed a bail application filed by the applicant, who was a co-accused in a case under various IPC sections. Granting bail on the ground of parity since a similarly placed co-accused had already been released on bail in the same case.

What did the court decide?

The applicant is released on bail by furnishing a personal bond and two sureties subject to specific conditions.

Abhishek Kumar Singh @ Abhishek Thakur vs State of… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:31305

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Court No. - 33

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3056 of 2024

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Applicant :- Abhishek Kumar Singh @ Abhishek Thakur Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Desh Mitra Anand Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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The matter has been taken through video conferencing.

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Heard Sri Desh Mitra Anand, learned counsel for the applicant, Sri Ravish Chandra Mishra, learned A.G.A. for the State and perused the material placed on record.

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Applicant seeks bail in Case Crime No.125 of 2020, under Sections 409, 420, 467, 468, 471 & 120-B I.P.C., Police StationGomti Nagar, District- Lucknow during the pendency of trial.

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It is submitted by learned counsel for the applicant that similarly placed co-accused person, Mohd. Shakeel has already been enlarged on bail by this Court vide order dated 19.05.2022 passed in Criminal Misc. Bail Application No. 2347 of 2022. The applicant is languishing in jail since 30.11.2023. The applicant has enlarged on anticipatory bail in all cases against him except this one. He further submitted that since the role of the applicant is identical to that of co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.

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In support of his submission, learned counsel has placed much reliance upon the judgment of Prabhakar Tewari vs. State of U.P. And Another, 2020 (11) SCC 648, wherein the Supreme Court has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case for bail is made out.

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The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of the parity to the

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co-accused has not been disputed by him.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and in light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgement passed by the Apex Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021, without expressing any opinion on the merits of the case, this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity. The bail application is allowed on the ground of parity.

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Let the applicant- Abhishek Kumar Singh @ Abhishek Thakur , who is involved in aforementioned case crime 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall not tamper with evidence.

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(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 22.4.2024 SP/-

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(Krishan Pahal, J.)

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Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad, Lucknow Bench

Abhishek Kumar Singh @ Abhishek Thakur v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Abhishek Kumar Singh @ Abhishek Thakur v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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