1. Heard Sri Krishna Shankar, learned counsel for the applicant and learned AGA for the State.
2. This anticipatory bail application has been filed on behalf of the applicant - Shri Krishna Balmiki, seeking anticipatory bail in Case Crime No. 515 of 2019, under Sections - 306, 511, 332, 353, 504 IPC, Police Station - Dibiyapur, District - Auraiya, during the pendency of trial.
3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that co-accused Geeta Devi and Tribhuwan Singh having similar role to that of present applicant have already been granted anticipatory bail by this Court vide order dated 5.2.2021 passed in Criminal Misc. Anticipatory Bail Application No. 2311 of 2021, therefore, the applicant is also entitled to be enlarged on anticipatory bail on the ground of parity. The applicant has no criminal antecedents.
4. Learned AGA vehemently opposed the contentions raised on behalf of applicant but conceded on the point of parity.
5. In view of the above, no useful purpose would be served in keeping the present application pending or calling for counter affidavit from the State. Without expressing any opinion on the merits of the case, the applicant is entitled to be released on anticipatory bail, at this stage.
6. Let applicant - Shri Krishna Balmiki, involved in the aforesaid case crime, he shall be released on anticipatory bail during trial, on his furnishing a personal bond of Rs. 50,000/- with two sureties of the like amount to the satisfaction of the court concerned on the following conditions:
(i) The applicant shall make himself available for interrogation by a police officer as and when required.
(ii) 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.
(iii) The applicant shall not leave India without the previous permission of the court.
(iv) In default of any of the conditions mentioned above, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
(v) The applicant shall cooperate in the trial before the court below and in case of non-cooperation the trial court would be at liberty to cancel the bail of the applicant without any reference to this Court.
7. Present application is disposed of.
Order Date :- 25.8.2021 Prajapati