Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29804 of 2021 Applicant :- Nilendra @ Dabbu Opposite Party :- State of U.P.
Counsel for Applicant :- Swati Agrawal
Hon'ble Ajit Singh,J.
The present bail application was filed through e-Filing. Since the normal functioning of the Court resumes and learned counsel are appearing on behalf of their respective parties in the Court. The Court heard the matter physically after taking additional copy of the bail application from learned counsel for the applicant the case is taken up physically.
Heard learned counsel for the applicant, learned counsel for the informant, 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. 114 of 2021, under Sections 302, 506 and 34 I.P.C., P.S. Kannauj, district-Kannauj and is in jail since 3.3.2021, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that similarly placed co-accused Parmailal has already been enlarged on bail by another Bench of this Court vide order dated 22.7.2021 passed in Criminal Misc. Bail Application no. 22058 of 2021. He further submitted that since the role of the applicant is identical to that of co-accused Parmailal 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. as well as learned counsel for the informant. However, the aforesaid factual aspect of the matter has not been disputed by them.
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, Nilendra @ Dabbu 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 :- 13.8.2021 Faridul Digitally signed by Justice Ajit Singh Date: 2021.08.16 17:21:03 IST Reason: Document Owner Location: High Court of Judicature at Allahabad