Ranjeet and Another v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45200 of 2023 Applicant :- Ranjeet And Another Opposite Party :- State of U.P. Counsel for Applicant :- Laxmi Narayan Rathour Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard learned counsel for the applicants, learned AGA for the State and perused the record.

¶2The instant bail application has been filed with a prayer to enlarge the applicants on bail in Case Crime No.201 of 2022, under Sections 308, 452, 323, 504 IPC, Police Station Kotwali Jalaun, District Jalaun, during the pendency of trial.

¶3Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. They have not been assigned any specific role in respect of the alleged occurrence. It is also contended that the co-accused having similar role to that of the applicants has been enlarged on bail by a co-ordinate Bench of this Court vide order dated 12.10.2023 passed in Criminal Misc. Bail Application No.41291 of 2023, therefore, the applicants are also entitled to be enlarged on bail on the ground of parity. The applicants have no previous criminal history. There is no likelihood of their abscondence or tampering with the evidence. The applicants are in jail since 02.09.2023. In case the applicants are enlarged on bail, they will not misuse the said liberty.

¶4Learned AGA has vehemently opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions advanced by the counsel for the applicants, from the record.

¶5Having regard to the facts, circumstances and the submissions made but without commenting on merits of the case, this Court is of opinion that the applicants are entitled to be enlarged on bail. Accordingly, the bail application is allowed.

¶6Let the applicants - Ranjeet and Mahipal, involved in the aforesaid case be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that they:

(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 :- 2.12.2023 Shahroz High Court of Judicature at Allahabad