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Bhanu Pratap Singh vs State Of U P

High Court Of Judicature at Allahabad|10 June, 2019
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JUDGMENT / ORDER

Court No. - 7
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23785 of 2019 Applicant :- Bhanu Pratap Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Rashid Siddiqui,Ankit Shukla,Anoop Trivedi (Senior Adv.) Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 197 of 2019 under Section 204, 221, 222, 223, 224, 225, 420, 467, 468, 471, 472 and 120-B of IPC, Police Station Brahmpuri, District Meerut with the prayer to enlarge the applicant on bail.
The contention as raised at the bar by learned counsel for the applicant is that applicant accused has been falsely implicated in the present case; that applicant is not named in the FIR; that no specific role was assigned to the applicant in the alleged incident of fleeing of co-accused Badan Singh @ Baddo from custody; that co-accused Arun Singh, Jeet Singh Makkad @ Lallu Makkad and Sonu Sahgal @ Ajay Sahgal have already been enlarged on bail by Co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos. 23695 of 2019, 23592 of 2019 and 22780 of 2019 respectively, copies of which have been produced and the same are taken on record. He further submits that since the role of the applicant is identical to that of the co-accused who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Learned counsel for the applicant lastly submits that the applicant is in jail since 12.4.2019 and that in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
The prayer for bail has been vehemently opposed by learned A.G.A. However, he does not dispute the fact that the similarly placed co-accused have 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 have already been enlarged on bail, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let the applicant Bhanu Pratap Singh in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. The applicant shall not commit an offence similar to the offence of which applicant is accused, or suspected of the commission, of which applicant is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.
In case of default of any of the conditions enumerated above, it would be open to the prosecution to approach the Court for cancellation of bail.
Order Date :- 10.6.2019 Mohit Kushwaha
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Title

Bhanu Pratap Singh vs State Of U P

Court

High Court Of Judicature at Allahabad

JudgmentDate
10 June, 2019
Judges
  • Raj
Advocates
  • Mohd Rashid Siddiqui Ankit Shukla Anoop Trivedi Senior Adv