Allahabad High Court
Surendar Rai @ Ravindar Rai vs State Of U.P. And Another on 14 February, 2020
Author: Vivek Kumar Singh
Bench: Vivek Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7186 of 2020 Applicant :- Surendar Rai @ Ravindar Rai Opposite Party :- State of U.P. and Another Counsel for Applicant :- Azad Rai Counsel for Opposite Party :- G.A. Hon'ble Vivek Kumar Singh,J.
Heard Sri Azad Rai, learned counsel for the applicant, Sri Azad Singh, learned AGA for the State and perused the material brought on record.
It has been contended by the learned counsel for the applicant that the co-accused Brijwasi Rai and Atal Bihari Gaur having similar role have been granted bail by this Court vide orders dated 20.12.2019 and 21.11.2019 in Criminal Misc. Bail Application Nos. 57561 of 2019 and 50426 of 2019, a copy of said orders have been annexed as Annexure No. 5 to the affidavit filed in support of bail application and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 06.01.2020.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by the learned counsel for the applicant.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let applicant Surendar Rai @ Ravindar Rai be released on bail in Case Crime No. 257 of 2019, under Sections 354, 376-D IPC & 5/6 POCSO Act, Police Station- Gola, District- Gorakhpur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release. (ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merit of the case.
Order Date :- 14.2.2020 Arti