Allahabad High Court
R.P.Sharma @ Singh vs State Of U.P. on 21 October, 2020
Author: Subhash Chand
Bench: Subhash Chand
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 38 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34363 of 2020 Applicant :- R.P.Sharma @ Singh Opposite Party :- State of U.P. Counsel for Applicant :- Brajesh Kumar Solanki Counsel for Opposite Party :- G.A. Hon'ble Subhash Chand,J.
Heard learned counsel for applicant(s), learned A.G.A. and perused the record.
This bail application has been preferred by the accused-applicant(s), R.P.Sharma @ Singh, who is involved in Case Crime No.106 of 2020, under Sections 399, 402, 307 I.P.C. , P.S.- Hazratpur, District- Badaun.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that co-accused Satya Pal, Kallu and Rajesh having similar role to that of applicant have already been granted bail by this Court in Criminal Misc. Bail Application No.23622 of 2020, 29539 of 2020 and 28955 of 2020 vide orders dated 31.08.2020, 06.10.2020 and 12.10.2020 therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant has no previous criminal history. It is further submitted that the applicant is languishing in jail since 14.06.2020, he is not likely to abscond.
On behalf of State, bail has been opposed but learned A.G.A. conceded on the point of parity.
In view of the facts and circumstances of the case, the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Accordingly, the bail application is allowed.
Let applicant(s), R.P.Sharma @ Singh, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
(i) The applicant(s) shall not indulge in any criminal activity.
(ii) The applicant(s) shall not tamper with the prosecution evidence.
(iii) The applicant(s) shall not pressurize the prosecution witnesses.
(iv) The applicant(s) shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court.
Order Date :- 21.10.2020 Krishna*