1. Heard learned counsel for the applicants, learned AGA and perused the record.
2. The accused-applicants seek bail in Case Crime No.166 of 2021 under sections 147, 148, 149, 307, 323, 427, 452, 504, 506 I.P.C., P.S. Thangaon, District Sitapur.
3. The allegation in the FIR against the applicants is that they along with other accused persons beaten the complainant and attacked on his vehicle and attacked upon one Vinod Singh's house armed with lathis and other illegal weapons.
4. Learned counsel for the applicants has submitted that the applicants are innocent and have been falsely implicated in the case due to political rivalry. It is submitted that in open meeting of the village, disputes arose and the parties of the village fought with one another, consequently cross FIR has been lodged. It has also been submitted that in the cross case bearing Crime No.165 of 2021, eight accused persons have been granted bail by this Hon'ble Court in Bail Nos.8339 of 2019; 8338 of 2021; 6143 of 2021; 6253 of 2021; 8389 of 2021 and 6523 of 2021.
5. Learned counsel for the applicants further submitted that case of the applicants stand on identical footing, hence, applicants are also entitled for bail on the ground of parity. It is next argued that the applicants are neither a previous convict nor they have any previous criminal history prior to lodging of the present case. It is lastly contended that there is no possibility of the applicants of fleeing away from the judicial process or tampering with the witnesses and in case, the applicants are enlarged on bail, the applicants shall not misuse the liberty of bail and cooperate in trial. The applicants are in jail since 28.05.2021.
6. Learned A.G.A has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the applicant
7. Considering the facts and circumstances of the case and the fact that the co-accused of the present case and also in cross case have been enlarged on bail from this Court, arguments advanced by the learned counsel for the parties and, without expressing any opinion on the merit of the case, on the ground of parity, I find it to be a fit case for granting bail. Thus the present application is allowed.
8. Let the applicants Pyarey Gautam, Sagar, Ram Dhiraj and Shubham Yadava be released on bail in aforesaid first information report number on their furnishing a personal bond and two reliable sureties required by the Court concerned with the following conditions:
a. The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
b. The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
c. In case, the applicants misuse the liberty of bail and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
d. The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against them in accordance with law.
e. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
f. The computer generated copy of such order shall be self attested by the counsel or the party concerned.
g. 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 :- 17.8.2021 Adarsh K Singh