Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12681 of 2021 Applicant :- Awdhesh And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Anil Kumar,Dur Vijay Singh Counsel for Opposite Party :- G.A.,Pankaj Kumar Sharma
Hon'ble Sanjay Kumar Singh,J.
Supplementary affidavit dated 13.08.2021 filed on behalf of applicants is taken on record.
Heard Shri Dur Vijay Singh, learned counsel for the applicants; learned Additional Government Advocate representing the State; Shri Pankaj Kumar Sharma, learned counsel appearing on behalf of informant and perused the record of the case.
The instant bail application has been filed on behalf of the applicants with a prayer to release them on bail in Case Crime No. 121 of 2020, under Sections 147, 148, 149, 302, 307, 504, 506, 120-B I.P.C., Police Station-Sikandarpur Vaish, District- Kasganj, during the pendency of trial.
It is submitted by learned counsel for the applicants that informant of this case Udaiveer lodged F.I.R. against 14 named accused persons and three unknown including the applicants, whereas from the side of applicants, an application under Section 156(3) Cr.P.C. was moved against 14 accused persons including Udaiveer (informant of this case) and the said application was treated by the learned Magistrate as a complaint, which is still pending. It is further submitted that the informant side has two injured and one deceased, whereas from the side of applicants also there are two injured persons. The allegations are general in nature and specifically applicable to all the accused persons. It is next submitted that similarly situated co-accused Prempal has been granted bail by the co-ordinate Bench of this Court vide order dated 09.06.2021 in Criminal Misc. Bail Application No. 13575 of 2021 and the case of present applicants stands on identical footing, so far as role of the applicants in the present case is concerned, therefore, the applicants are also entitled to be released on bail. It is also submitted that the applicants have a criminal history of two cases and in both the cases, they are on bail and the trial of said cases is still pending. The applicants are languishing in jail since 30.08.2020. Lastly, it is submitted that if the applicants are released on bail, they will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail of the applicants, but they do not dispute that role of present applicants and role of Prempal in the instant case are similar.
After having heard learned counsel for the parties, I find that identically situated co-accused Prempal has been granted bail, therefore, applicants are also entitled to be released on bail on the ground of parity. Considering the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicants have made out a case for bail. Hence, the bail application is hereby allowed.
Let the applicants Awadhesh and Umnesh 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 applicants shall not temper with the evidence during trial.
(ii) The applicants shall not pressurize/intimidate the prosecution witness.
(iii) The applicants 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 applicants 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 :- 13.8.2021 Sunil Kr. Gupta