Aniket Alias Jalim v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40726 of 2023 Applicant :- Aniket Alias Jalim Opposite Party :- State of U.P. Counsel for Applicant :- Brij Bhushan Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Supplementary affidavit filed on behalf of the applicant is taken on record.

¶2Heard learned counsel for the applicant, learned AGA for the State and perused the record.

¶3By means of this bail application, applicant seeks bail in Case Crime No.286 of 2023, under Sections 395, 402, 412 IPC, Police Station Meja, District Prayagraj, during the pendency of trial.

¶4It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. It is further contended that the co-accused persons have already been enlarged on bail by coordinate Benches of this Court vide orders dated; (i) 08.11.2023 passed in Criminal Misc. Bail Application No.40650 of 2023 (Shyam Sundar Vs. State of UP); and (ii) 21.09.2023 passed in Criminal Misc. Bail Application No.40042 of 2023 (Bachhi Lal Gaud Vs. State of UP). There is criminal history against the applicant details of which have been explained in paragraphs-3 and 4 of the supplementary affidavit. He next submitted that since the case of the applicant is on the 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 12.07.2023. In case the applicant is released on bail, he will not misuse the said liberty.

¶5The 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.

¶6Considering 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.

¶7Let the applicant - Aniket Alias Jalim, 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.

¶8In 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 :- 17.11.2023 Shahroz High Court of Judicature at Allahabad