Allahabad High Court
Anil vs State Of U.P. on 7 February, 2023
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1954 of 2023 Applicant :- Anil Opposite Party :- State of U.P. Counsel for Applicant :- Dev Prakash Sharma,Priyanka Devi Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
Heard counsel for the applicant and learned AGA for the State-opposite party.
The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 335 of 2022, under Section 323, 325, 504, 506, 427, 308 I.P.C., Police Station- Maharajpur, District- Kanpur Nagar during the pendency of trial.
It is submitted that the applicant has been falsely implicated in the instant case. In the first information report general and vague role has been assigned to the applicant. The injuries sustained by the injured are simple in nature. The applicant has not been nominated as principal offender, who caused the injuries to the injured. It is next contended that co-accused Shankar Lal, having identical role, has been granted bail by this Court in Criminal Misc. Bail Application No. 218 of 2023 vide order dated 20.1.2023. The applicant claims parity. The applicant does not have any criminal history. The applicant is in jail since 12.9.2022. In case he is enlarged on bail, he will not misuse the said liberty.
Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.
Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
Let the applicant Anil, involved in the aforesaid 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 the conditions that he:
(i) shall appear on the date fixed by the trial court;
(ii) shall not tamper with the prosecution evidence;
(iii) shall not pressurize the prosecution witnesses.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 7.2.2023 S.S.