Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43467 of 2021 Applicant :- Dharmpal Sahani Opposite Party :- State of U.P.
Counsel for Applicant :- Chandra Prakash Misra,Sushil Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
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. 390 of 2019, under Sections 41, 411, 413, 307, 419, 420, 468 and 414 I.P.C., P.S. Kotwali Padrauna, district-Kushinagar, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submits that similarly place other co- accused Dilip Kumar Singh @ Dilip Chauhan has already been enlarged on bail by another Bench of this Court vide order dated 4465 of 2020, copy whereof has been as Annexure-2 to the affidavit accompanying the bail application. He further submits that since the role of the applicant is identical to that of co-accused Dilip Kumar Singh @ Dilip Chauhan who has 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. However, the aforesaid factual aspect of the matter has not been disputed by him.
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, Dharmpal Sahani 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 :- 28.10.2021 Faridul