Neeraj Bhartiya v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45720 of 2023 Applicant :- Neeraj Bhartiya Opposite Party :- State of U.P. Counsel for Applicant :- Kamal Singh Yadav 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.

¶2Counsel for the applicant argues that on the same allegations two of the co-accused have been enlarged on bail vide separate orders dated 31.10.2023.

¶3The criminal history of the applicant has been duly explained in para 12 of the bail application.

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

¶5Considering the fact that co-accused have been enlarged on bail and the allegations are same 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 on the ground of parity.

¶6Accordingly, the bail application is allowed.

¶7Let the applicant Neeraj Bhartiya be released on bail in FIR/ Case Crime No. 273 of 2023, under Sections 379, 411, 413, 401, 420 IPC, P.S. Phoolpur, District Prayagraj, 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