Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
Sri Kumar Anish, who has filed his vakalatnama on behalf of informant is not present.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 292 of 2019, under Section 302, 323, 504/34 IPC, Police Station- Kampil, District- Farrukhabad, during the pendency of trial.
It is submitted by learned counsel for the applicant that informant Pramod Kumar lodged F.I.R. on 04.12.2019 regarding an incident which took place on 03.12.2019 against four accused persons namely Satyabhan, Sanjeev, Akash and Rajeev. Learned counsel for the applicant submitted that the co-accused Rajeev has already been enlarged on bail by coordinate Bench of this Court vide order dated 19.01.2021 in Criminal Misc. Bail Application No. 18590 of 2020. He further submitted that since the role of the applicant is identical to that of the co-accused, who has already been enlarged on bail, therefore the applicant is also entitled to be enlarged on bail on the ground of parity. Learned counsel for the applicant also submits that the applicant has no criminal history and is languishing in jail since 10.12.2019. Lastly, it is submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned A.G.A. has opposed the prayer for bail of the applicant but could not dispute the fact that the similarly placed aforesaid co-accused has been granted bail by this Court.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A. and the fact that identically placed co-accused Rajeev has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
Let the applicant Anas @ Annu be released on bail in the aforesaid case crime number 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:-
(i) The applicant shall not temper with the evidence during trial.
(ii) The applicant shall not pressurize/intimidate the prosecution witness.
(iii) The applicant shall appear before the trial Court on the date fixed.
(iv) In case of misuse of any condition during trial, the concerned Court below shall be at liberty to cancel the bail.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 25.8.2021 Ujjawal