Allowed

Deshraj v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC16 Jan 2024BAIL/453/2024

Case brief

AI extract

What is this about?

The applicant, lacking criminal history, sought bail on parity with a main accused already released. The Court, noting the applicant's name did not figure in the FIR and accepting the ground of parity, allowed the bail application subject to standard conditions.

What did the court decide?

Bail granted in FIR/ Case Crime No.368 of 2023, under Section 304 I.P.C., PS Sadarpur, Sitapur.

Deshraj 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. - 453 of 2024

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Applicant :- Deshraj 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 Deshraj 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

Deshraj v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

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Deshraj v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

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What the court decided

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