1. This is the second bail application preferred on behalf of the applicant, Peshkar @ Gulle. The first bail application of the applicant was dismissed for want of prosecution by this court vide order dated 05-11-2019.
2. By means of this application, the applicant, who is involved in Case Crime No. 1386 of 2017, under sections 147,148,323,302,504 and 506 of the Indian Penal Code,Police Station-Ramgaon, District-Bahraich is seeking enlargement on bail during the trial.
3. Learned counsel for the applicant submitted that the accused applicant has falsely been implicated in the present case. It has further been submitted that as per the FIR, no role has been assigned to the accused-applicant and no incriminating article has been recovered on the pointing out of the applicant. No specific role has been assigned to the applicant and role of causing injuries to the deceased by Fawra has been assigned to co-accused Vindra. Therefore, the case of the applicant is distinguishable from the case of co-accused Vindra. The accused-applicant is languishing in jail since 1.9.2017 having no criminal history. It is further submitted that there is no possibility of the applicant fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Lastly, it is submitted that co-accused Ramu Yadav has already been granted bail by this Court vide its order dated 31-07-2020 passed in Crl. Misc. Bail Application No.5011 of 2018 and the role of the applicant is similar to that of co-accused. Another co-accused Sipahi Lal Yadav, has also been granted bail in Second Bail Application by this court vide its order dated 13-08-2021 passed in Bail No. 12626 of 2019, Sipahi Lal Yadav Versus State of U.P. The copies of the bail orders dated 31-07-2020 and 13-08-2021 have been produced before this court by the learned counsel for the applicant during the course of arguments.
4. It is further submitted that the case of the applicant stands at the same footing as to that of the co-accused persons to whom bail has been granted and hence, the applicant is entitled for the parity of the same.
5. Learned A.G.A. opposing the prayer for bail has submitted that from the version in the F.I.R., an offence is made out against the applicant, but, unable to dispute the fact regarding grant of bail to the co-accused persons and the submissions raised by the learned counsel for the applicant.
6. After hearing the submissions made by the learned counsel for the parties and examining the material available on record, keeping in view the nature of offence and totality of facts and circumstances of the case and without entering into the merits of the case and also on the ground of parity, I am of the view that the applicant has made out a fit case for grant of bail. Hence, the bail application is hereby allowed.
7. Let the applicant,Peshkar alias Gulle, involved in Case Crime No. 1386 of 2017, under sections 147,148,323,302,504 and 506 of the Indian Penal Code,Police Station-Ramgaon, District-Bahraich be released on bail on furnishing personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
(i) The applicant shall, however, co-operate and attend the proceedings at every stage without seeking unnecessary adjournments just to prolong the proceedings.
(ii)The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(iii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(iv) 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. It is further clarified that 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 :- 26.8.2021 AKS