Salman v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46095 of 2023 Applicant :- Salman Opposite Party :- State of U.P. Counsel for Applicant :- Mrityunjay Singh 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.

¶2The FIR in question was lodged against unknown person. Subsequently, on the basis of certain recovery, which are primarily not in terms of Section 100 of Cr.P.C., the applicant was apprehended.

¶3It is argued by the Counsel for the applicant that in some cases, five co-accused persons have been enlarged on bail, whose bail orders on record at page 47 to 54 of the paper book. The criminal history of the applicant has been explained in para 19 of the bail application.

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

¶5Considering the fact that on similar allegations, the co-accused have been enlarged on bail, I am of the view that the applicant is entitled to be released on bail on the ground of parity.

¶6Accordingly, the bail application is allowed.

¶7Let the applicant Salman be released on bail in FIR/ Case Crime No.124 of 2023, under Sections 395, 412 IPC, Police Station G.R.P. Mathura Junction, District Mathura 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 :- 1.11.2023 akverma High Court of Judicature at Allahabad