Chandra Pal v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44564 of 2023 Applicant :- Chandra Pal Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Kumar Mishra 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.

¶2The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 078 of 2023, under Sections 8/20 N.D.P.S. Act, P.S. Bhot, District Rampur, 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 also contended that similarly placed co-accused persons have already been enlarged on bail by coordinate Benches of this Court vide order dated 08.11.2023 passed in Criminal Misc. Bail Application No.47864 of 2023 (Suraj Gupta Vs. State of UP) and the order dated 20.11.2023 passed in Criminal Misc. Bail Application No.49243 of 2023 (Gulshan Koli Vs. State of UP). There is no criminal antecedents against the applicants. He further submitted that since the role of the applicant is identical to that of 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 15.08.2023. 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, he could not dispute the aforesaid factual aspects of parity to the co-accused.

¶5Considering the facts, circumstances and the submissions made but without commenting on the merits of the case, this Court is of the view 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 - Chandra Pal, 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.

¶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 :- 24.11.2023 Vijay High Court of Judicature at Allahabad