Sandeep Kumar v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46101 of 2023 Applicant :- Sandeep Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Vinay Kumar Singh 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 by counsel for the applicant that on the same allegations, co-accused has been enlarged on bail vide order dated

26.10.2023 passed in Crl. Misc. Bail Application No. 43667 of 2023.

¶3The applicant has no previous criminal history prior to the offence in question.

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

¶5Considering fact that the co-accused has been enlarged on bail, on the ground of parity, the applicant is also enlarged on bail and there 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 Sandeep Kumar be released on bail in FIR/ Case Crime No. 598 of 2023, under Sections 392, 411, 34 IPC, P.S. Shahpur, District Gorakhpur, 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 :- 21.11.2023 S.A. High Court of Judicature at Allahabad