Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44938 of 2021 Applicant :- Arjun Opposite Party :- State Of U.P Counsel for Applicant :- Mohd. Naushad Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant and the learned AGA appearing on behalf of the State.
The applicant is facing prosecution in connection with Case Crime No. 18 of 2021 under Section 60 of the Excise Act and Sections 272, 273 IPC, P.S. Babari District Shamli and is in jail since 17.09.2021.
The contention raised by the learned counsel for the applicant is that the applicant is not named in the FIR but his name has figured in the confessional statement made by the co-accused Mintu, who has already been enlarged on bail by this Court in Criminal Misc. Bail application No. 19716 of 2021 vide order dated 22.06.2021. It is argued by the learned counsel for the applicant that the case of the applicant stands on the better footing than that of Mintu. It is also submitted that the applicant has a criminal antecedents of four cases and all those cases are duly explained in paragraph no. 5 of the bail application. Learned counsel for the applicant submits that the applicant is entitled to bail on the foot of parity.
Learned A.G.A has opposed the prayer for bail but does not dispute the factum of parity.
I have perused the record. It shows that the co-accused Mintu has already been admitted to bail by this Court, and applying the principle of parity, the present applicant is also entitled to bail.
Keeping in view the submissions of learned counsel for the parties, period of detention undergone by the applicant, bail order passed in favour of co-accused and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Arjun, who is involved in Case Crime No. 18 of 2021 under Section 60 of the Excise Act and Sections 272, 273 IPC, P.S. Babari District Shamli 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 following conditions:
(a) The applicant shall attend the court according to the conditions of the bond executed by him;
(b) The applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
Order Date :- 28.10.2021 Deepak Digitally signed by RAHUL CHATURVEDI Date: 2021.10.29 10:25:32 IST Reason: Document Owner Location: High Court of Judicature at Allahabad