Allahabad High Court
Anus And Another vs State Of U.P. on 17 August, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32058 of 2022 Applicant :- Anus And Another Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Mayank Kumar Jain,J.
Heard Sri Sunil Kumar Singh, the learned counsel for the applicants, the learned Additional Government Advocate and perused the record.
The instant application has been filed seeking release of the applicants on bail in Case Crime No. 139 of 2022, under Sections 147, 148, 149, 307, 504, 506 IPC, Police Station Asmoli, District Sambhal, during pendency of the trial in the Court below.
The learned counsel for the applicants has submitted that applicants are not named in the F.I.R. and have been falsely implicated in the present case. It has been further submitted that identically placed co-accuse Danish and Irfan have already been granted bail by this court vide order dated 15.07.2022 passed in Criminal Misc. Bail Application No. 27856 of 2022, and therefore, the applicants are also entitled to be released on bail on the ground of parity. It is further submitted that applicants have no previous criminal history and they are languishing in jail since 03.07.2022.
Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the fact that the case set up against the applicant is similar to that set up against the other co-accused persons, who have already been released on bail.
Keeping in view the aforesaid facts and circumstances of the case, I find it to be a fit case for grant of bail to the applicant in the aforesaid case.
In the light of preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed.
Let the applicants Anus and Hasirul be released on bail in Case Crime No. 139 of 2022, under Sections 147, 148, 149, 307, 504, 506 IPC, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicants will not tamper with the evidence during the trial.
(ii) The applicants will not influence any witness.
(iii) The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicants shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.
Order Date :- 17.8.2022 AKT