Anurag Kumar Bharti v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47016 of 2023 Applicant :- Anurag Kumar Bharti Opposite Party :- State of U.P. Counsel for Applicant :- Amarnath Tripathi Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard learned counsel for the applicant, learned AGA for the State and perused the record.

¶2By means of this bail application, applicant seeks bail in Case Crime No.02 of 2022, under Sections 417, 420, 467, 468, 471, 411, 120B IPC, Sections 66(C) and 66(D) IT Act and Sections 36, 42 of Aadhar Act, 2016, Police Station Cyber Crime, District Varanasi, during the pendency of trial.

¶3It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. It is further contended that no specific role has been assigned to the applicant; neither the applicant is named in the FIR nor was he arrested on the spot. It is also contended that the co-accused persons have already been enlarged on bail by coordinate Benches of this Court vide orders dated; (i) 20.09.2023 passed in Criminal Misc. Bail Application No.38803 of 2023 (Pankaj Kumar Yadav Vs. State of UP); (ii) 22.09.2023 passed in Criminal Misc. Bail Application No.41173 of 2023 (Sushil Kumar Vs. State of UP); (iii) 19.10.2022 passed in Criminal Misc. Bail Application No.43267 of 2022 (Chandan Sagar Urf Chandan Kumar Vs. State of UP); and (iv) 12.10.2022 passed in Criminal Misc. Bail Application No.35785 of 2022 (Sandeep Kumar Chaubey @ Lucky Vs. State of UP). There is no previous criminal case against the applicant. He next submitted that since the case of the applicant is at better footing to that of the aforesaid co-accused who have already been enlarged on bail, he 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 applicant is languishing in jail since

08.08.2023. In case the applicant is released on bail, he will not misuse the said liberty.

¶4The prayer for bail has been vehemently opposed by learned AGA. However, the aforesaid factual aspects of parity to the co-accused could not be disputed.

¶5Considering the facts, circumstances and the submissions made but without commenting on the merits of the case, this Court is of opinion that the applicant has made out a case for grant of bail on the ground of parity. Accordingly, the bail application is allowed.

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

(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 :- 16.11.2023 Shahroz High Court of Judicature at Allahabad