Chhote Lal Yadav v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46212 of 2023 Applicant :- Chhote Lal Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Kumar Mishra Counsel for Opposite Party :- G.A.,Sumit Kumar Srivastava Hon'ble Umesh Chandra Sharma,J.

¶1Heard Sri Krishna Kumar Mishra, learned counsel for the applicant, learned AGA for the State, Sri Sumit Kumar Srivastava, learned counsel for the informant and perused the record.

¶2The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.37 of 2023, under Sections 147, 307, 323, 325, 504, 506 IPC, Police Station Bara, District Prayagraj, during the pendency of trial.

¶3It is contended by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. No specific role has been assigned to him. It is also contended that the co-accused persons have already been enlarged on bail by co-ordinate Benches of this Court vide orders dated; (i) 03.08.2023 passed in Criminal Misc. Bail Application No.34060 of 2023; (Chiraunji Vs. State of UP); (ii)

22.08.2023 passed in Criminal Misc. Bail Application No.34131 of 2023 (Ajay Yadav @ Panchraj Vs. State of UP). He, therefore, contends that since the case of the present applicant is on the better footing to that of the aforesaid co-accused who have already been enlarged on bail, the applicant is also entitled to be enlarged on bail on the ground of parity. There is no likelihood of his abscondence or tampering with the evidence. The applicants are in jail since 18.08.2023. In case the applicant is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA and learned counsel for the informant have vehemently opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having regard to the facts, circumstances and the submissions made but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

¶6Let the applicant - Chhote Lal Yadav, involved in the aforesaid case 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 :- 8.11.2023 Shahroz High Court of Judicature at Allahabad