Kuldeep v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44358 of 2023 Applicant :- Kuldeep Opposite Party :- State of U.P. Counsel for Applicant :- Vishnu Kumar Patil 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. 520 of 2023, under Sections 307 and 352 IPC, Police Station Jasrana, District Firozabad, during the pendency of trial.

¶3As per the prosecution case, the allegation against the present applicant is that he along with co-accused persons, assaulted the complainant with lathi-danda and axe, due to which one Rakesh sustained grievous injuries. Based on that the applicant has been arrested and F.I.R. has been registered against him.

¶4It 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 person has already been enlarged on bail by this Court vide order dated 03.11.2023 passed in Criminal Misc. Bail Application No.44183 of 2023 (Praveen Vs. State of UP). There is no criminal antecedents against the applicant. He further submitted that since the role of the applicant is identical to that of aforesaid co-accused who has 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 10.08.2023. 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, he could not dispute the aforesaid factual aspects of parity to the co-accused.

¶6Considering 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.

¶7Let the applicant - Kuldeep, 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 :- 24.11.2023 Vijay High Court of Judicature at Allahabad