Pawan v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44699 of 2023 Applicant :- Pawan Opposite Party :- State of U.P. Counsel for Applicant :- Parmeshwar Yadav Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant, learned AGA and perused the record.

¶2The FIR in question was lodged alleging therein that applicant and seven others persons caused injures together. The injury report is on record. It is argued that similar role assigned to the co-accused persons namely, Phula Devi, Vijay and Moti and they have already been enlarged on bail. It is further submitted that applicant has no criminal antecedent except the present one and he is in jail since 13.09.2023.

¶3Learned AGA has opposed the bail application.

¶4Considering the fact that the co-accused has been enlarged on bail, the applicant is entitled to be enlarged on bail on the ground of parity. In view thereof, the application is allowed.

¶5Let the applicant Pawan be released on bail in FIR No.371 of 2015, under Sections 147, 323, 452, 504, 506, 308 IPC, P.S. Paniyara, District Maharajganj, on his furnishing a personal bond with two sureties of Rs.25,000/- each to the satisfaction of court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) 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. Order Date :- 31.10.2023 Sachin High Court of Judicature at Allahabad