Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 1168 of 2019, under Sections 147, 148, 149, 302, 307, 386, 504, 506, 120B I.P.C. and Section 7 Criminal Law Amendment Act, P.S. Cantt., District-Varanasi and is in jail since 11.9.20219, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that similarly placed co-accused Deepak @ Deepu Patel, Rajesh Patel and Rakesh Kumar Vishwakarma @ Monu have already been enlarged on bail by co-ordinate Benches of this Court vide orders dated 9.6.2020, 23.6.2020 and 8.10.2020 respectively passed in Criminal Misc. Bail Application nos. 11311 of 2020, 15933 of 2020 and 26640 of 2020, copy whereof has been filed as Annexure-4 to the affidavit accompanying the bail application. He further submitted that since the role of the applicant is identical to that of co-accused Deepak @ Deepu Patel, Rajesh Patel and Rakesh Kumar Vishwakarma @ Monu who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.
The prayer for bail has vehemently been opposed by learned A.G.A and submitted that there is criminal history of two cases against the applicant. However, the aforesaid factual aspect of the matter has not been disputed by him.
In reply, learned counsel for the applicant submits that he has properly explained the criminal history in paragraph in paragraph nos. SA4 & SA5 to the supplementary affidavit.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A., this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.
In view of the above, let the applicant, Deepak Rajbhar @ Manya be released on bail in the aforesaid case on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in the aforesaid case with the 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official 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.
Order Date :- 25.8.2021 Faridul