Amit Kumar Upadhyay v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45612 of 2023 Applicant :- Amit Kumar Upadhyay Opposite Party :- State of U.P. Counsel for Applicant :- Prashant 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.

¶2Counsel for the applicant argues that on the same allegation, co-accused has been enlarged vide order dated 17.10.2023 passed in Crl. Misc. Bail Application No. 44220 of 2023.

¶3The applicant was not named in the FIR, the bail orders of the co-accused is along with the supplementary affidavit.

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

¶5Considering the allegations to be the same, on the ground of parity, 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 Amit Kumar Upadhyay be released on bail in FIR/ Case Crime No. 247 of 2023, under Sections 394, 411, 34, 120-B IPC, P.S. Sector-113 Noida, District Gautam Buddha Nagar, 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