Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20903 of 2021 Applicant :- Satya Prakash And Another Opposite Party :- State of U.P.
Counsel for Applicant :- M.P.S. Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Ajai Tyagi,J.
Heard learned counsel for the applicants, learned Additional Government Advocate for the State and perused the record.
This bail application has been filed on behalf of the applicants with a prayer to release them on bail in Case Crime No.90 of 2020, under Section 323, 324, 325, 308, 504 and 506 I.P.C., Police Station Vijaygarh, District Aligarh during the pendency of trial.
The submission of learned counsel for the applicants is that the applicants have been falsely implicated in the present. This is a cross case, injuries are on both sides. There is no specific role assigned to the applicants.
The main substratum of argument of learned counsel for the applicants is that co-accused Santosh has been granted bail by co-ordinate Bench of this Court vide order dated 23.03.2021 passed in Criminal Misc. Bail Application No.14979 of 2021. The case of present applicants stands on similar footing to that of co-accused Santosh, therefore, the applicants are also entitled to be released on bail on the ground of parity. It has also been pointed out that the accused is not having any criminal history and he is in jail since 05.01.2021 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Per contra learned A.G.A. has opposed the bail prayer of the applicants.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicants Satya Prakash and Bablu 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.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of the 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 :- 30.7.2021 P.S.Parihar