Ajay Nigam v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43933 of 2023 Applicant :- Ajay Nigam Opposite Party :- State of U.P. Counsel for Applicant :- Hakim Kumar Kushwaha 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.

¶2It is argued that the co-accused has been enlarged on bail vide order dated

24.8.2023.

¶3Considering the fact that the co-accused has been enlarged on bail, the applicant has no history and on the ground of parity, the applicant is also entitled to be released on bail on the ground of parity.

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

¶5There is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.

¶6Accordingly, the bail application is allowed.

¶7Let the applicant - Ajay Nigam be released on bail in Case Crime No.10 of 2016, under Sections - 448/454/380/420/506/467/120B of I.P.C., P.S. - Fazalganj, District - Kanpur Nagar, 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 :- 6.11.2023 Irshad High Court of Judicature at Allahabad