Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31201 of 2021 Applicant :- Patiram Opposite Party :- State of U.P.
Counsel for Applicant :- Lal Behari Yadav Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.203 of 2021, under Sections 34, 307, 308, 302 I.P.C., Police Station Madhuban, District Mau during the pendency of trial.
As per prosecution case in brief, informant lodged F.I.R. on 03.05.2021 regarding an incident which took place on 02.05.2021 against five accused persons, namely, Jay Prakash, Vinay Kumar, Prabhakar, Diwakar and Sunil for the offence under Sections 34, 307, 308 I.P.C.
It is argued by learned counsel for the applicant that applicant is not named in the F.I.R. It is also pointed out that identically situated co-accused Vinay Kumar Gond and one Kamta Prasad Pandey have been granted bail by the co-ordinate Bench of this Court vide orders dated 29.07.2021 and 03.08.2021 in Criminal Misc. Bail Application Nos.26967 of 2021 and 24555 of 2021 and the present applicant stands on similar footing to that of co- accused who have been granted bail. Applicant has no criminal history and he is languishing in jail since 06.05.2021. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but does not dispute the fact that identically situated co-accused, Vinay Kumar Gond and Kamta Prasad Pandey, have been granted bail.
Keeping in view the nature of offence, evidence, complicity of the accused, submissions of learned counsel for the parties, considering the fact that under similar accusation co-accused, Vinay Kumar Gond and Kamta Prasad Pandey have been granted bail by co-ordinate Bench of this Court, I am of the view that the applicant is also entitled to be released on bail on the ground of parity. Hence, the bail application is hereby allowed.
Let the applicant - Patiram be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall not temper with the evidence during trial.
(ii) The applicant shall not pressurize/intimidate the prosecution witness.
(iii) The applicant shall appear before the trial Court on the date fixed.
(iv) In case of misuse of any condition during trial, the concerned Court below shall be at liberty to cancel the bail.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 16.8.2021 Atul