Allahabad High Court
Dev Karan vs State Of U.P. on 16 January, 2023
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58916 of 2022 Applicant :- Dev Karan Opposite Party :- State of U.P. Counsel for Applicant :- Yogesh Kumar Srivastava,Sabhajeet Yadav Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and Sri Vikas Sahai, 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. 338 of 2017, under Sections 147, 148, 323, 326, 336, 506 I.P.C., Police Station- Rasoolpur, District- Firozabad during the pendency of trial.
It is contended that the applicant has been falsely implicated in the instant case. General role of assault has been assigned to the applicant. The applicant has not been nominated as the principal offender, who caused the injuries. It is next contended that the co-accused, Dharmveer Alias Dharma, having identical role, has been granted bail by this Court in Criminal Misc. Bail Application No. 24147 of 2018 vide order dated 29.06.2018. The applicant claims parity. The applicant has no criminal history to his credit. The applicant is in jail since 09.10.2022 and 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- Dev Karan involved in aforesaid case 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 :- 16.1.2023 Aditya