Allahabad High Court
Jayhind And Another vs State Of U.P. on 13 September, 2019
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36063 of 2019 Applicant :- Jayhind And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Rafeek Ahmad Khan Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicants, Jayhind and Devpal Rajput, with a prayer to release them on bail in Case Crime No. 115 of 2019, under Sections 354-A, 452, 323, 504, 506 IPC, and section 8 of Protection of Children From Sexual Offences Act, 2012, Police Station Panvari, District- Mahoba, during pendency of trial.
Learned counsel for the applicants has contended that the co-accused, Thilla @ Kallu, has been granted bail by this Court on 9.9.2019 in Criminal Misc. Bail Application No.35136 of 2019. The case of the applicants stands on identical footing, hence the applicants are also entitled for bail on the ground of parity. The applicants are languishing in jail since 23.7.2019. In case, the applicants are released on bail, they will not misuse the liberty of bail.
Learned AGA has opposed the prayer for bail, but does not dispute the claim of parity.
Let the applicants involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 13.9.2019 Ruchi Agrahari