Allowed

Neta Prasad v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC9 Jan 2024BAIL/45/2024

Case brief

AI extract

What is this about?

This criminal miscellaneous bail application allowed the applicant Neta Prasad to be released on bail in a case concerning Section 304 IPC. The court granted relief based on the ground of parity, noting that the main accused was already enlarged on bail while the applicant had no criminal history despite delayed appearance in FIR.

What did the court decide?

Applicant Neta Prasad released on bail in FIR/Case Crime No.368 of 2023 on furnishing personal bonds and two reliable sureties of Rs.20,000/- each.

Neta Prasad vs State of U.P. Thru. Prin. Secy. Home Lko. — Bail and Remand | Allahabad HC (2024)

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

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Court No. - 12

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

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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.

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

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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.

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

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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.

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Accordingly, the bail application is allowed.

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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 :-

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(a) The applicant shall execute a bond to 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 officer or tamper with the evidence.

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Order Date :- 19.2.2024

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Shukla

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

Neta Prasad v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Neta Prasad v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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