Kuldeep v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46357 of 2023 Applicant :- Kuldeep Opposite Party :- State of U.P. Counsel for Applicant :- Dalvir Singh 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 that 5 - 6 persons were engaged in hatching a conspiracy to commit the theft of a mobile. Counsel for the applicant argues that on the same allegation, the co-accused Rahul, Govinda & Pradeep have been enlarged on bail. Criminal antecedent has been explained in Para - 10 of the bail application.

¶3Learned AGA has opposed the bail application.

¶4Considering the fact that on the same allegation, the co-accused have 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 Kuldeep be released on bail in FIR No.814 of 2021, under Section 401, 414 IPC, P.S. Kotwali Nagar, District Etah 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 :- 2.11.2023/nishant High Court of Judicature at Allahabad