Surendra v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44616 of 2023 Applicant :- Surendra Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

¶2Counsel for the applicant argues that on similar allegations, one co-accused Nanhe Lal has been enlarged on bail vide order

30.10.2023 passed in Crl. Misc. Bail Application No. 44488 of 2023.

¶3Counsel for the applicant further submitted that applicant has no criminal history.

¶4Learned A.G.A. vehemently opposed the bail prayer.

¶5Considering the fact that allegations against the applicant are that he was operating the machine on which the manufacturing was taking place, applicant has no criminal antecedents coupled with the fact that applicant did not have any major role to place and co-accused with similar allegations has been enlarged on bail. As such, the applicant is also entitled to be enlarged on bail on the ground of parity.

¶6Accordingly, the bail application is allowed.

¶7Let the applicant Surendra be released on bail in FIR/ Case Crime No. 440 of 2023, under Section 420, 467, 468, 471 IPC & 61/63 Copy Right Act, P.S. Kotwali, District Shahjahanpur, on his furnishing personal bonds and two reliable sureties of Rs. 25,000/- each to the satisfaction of the 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 S.A. High Court of Judicature at Allahabad