Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25740 of 2020 Applicant :- Bala And 3 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Mishra,Brijesh Kumar Mishra,Pulak Ganguly,Raja Sahani,Vinay Kumar Mishra Counsel for Opposite Party :- G.A.,Narendra Kumar
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants and the learned A.G.A.
This is a bail application on behalf of the applicants Bala, Shambhu, Manoj and Jai Ram in connection with Case Crime No.0078 of 2020, under Sections 147, 148, 304, 323, 504, 506 I.P.C., Police Station Gauri Bazar, district Deoria.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that co-accused Akhilesh and another have been admitted to the concession of bail by another Bench of this Court by order dated 19.11.2020 passed in Criminal Misc. Bail Application No.36807 of 2020, photocopy whereof supplied by learned counsel for the applicant has been perused by the Court, is taken on record and role assigned to applicants are similar to role of other co-accused, who have already been enlarged on bail. He claims parity. He submitted that applicant nos.1 to 3 are in jail since 09.05.2020 and applicant no.4 is languishing in jail since 14.05.2020, hence they are entitled to be released on bail and they will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea. However, learned A.G.A. does not dispute the factum of parity.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 and also the fact that co-accused have been admitted to the concession of bail by this Court, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicants Bala, Shambhu, Manoj and Jai Ram involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 24.12.2021 R./