Benktesh v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44171 of 2023 Applicant :- Benktesh Opposite Party :- State of U.P. Counsel for Applicant :- Pramod Kumar Srivastava,Rohit Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma, J.

¶1Heard learned counsel for the applicant, learned A.G.A for the State-opposite party and perused the record.

¶2The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 123 of 2023, under Sections 3 (1) of U.P. Gangster Act, 1986, Police Station-Shaktinagar, District-Sonbhadra, during the pendency of trial.

¶3Counsel for the applicant submitted that the applicant has been falsely implicated in the instant case due to Police rivalry and Political Pressure. In the gang-chart only one case has been shown against the applicant, in which he has already been enlarged on bail. Copy of the bail order has been annexed as Annexure No. 3, with the application supported with the affidavit. The applicant is not the member of any gang. It is next contended that the co-accused-Bharat Kumar, having identical role, has been granted bail by coordinate Bench of this Court in Criminal Misc. Bail Application No. 45776 of 2023 vide order dated 31.10.2023. Learned counsel for the applicant has produced a copy of the said order, which is taken on record. The applicant claim parity. The applicant is in jail since 18.09.2023. In case, he is enlarged on bail, he will not misuse the said liberty. The applicant is in jail since In case, he is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant - Benktesh, involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 3.11.2023. Vinod. High Court of Judicature at Allahabad High Court of Judicature at Allahabad High Court of Judicature at Allahabad High Court of Judicature at Allahabad High Court of Judicature at Allahabad