Ankush Singh v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45723 of 2023 Applicant :- Ankush Singh Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Srivastava,Neeraj Srivastava 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.910 of 2022, under Sections 380, 457, 411 IPC, Police Station Kalyanpur, District Kanpur Nagar, during the pendency of trial.

¶3Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He is not named in the FIR. It is also contended that the co-accused persons Rajeev and Ajay Prajapati from whom also the case property was recovered have already been enlarged on bail by co-ordinate Bench of this Court vide order dated 07.11.2023 passed in Criminal Misc. Bail Application No.43539 of 2023 and the order dated 21.09.2023 passed in Criminal Misc. Bail Application No.36171 of 2023, respectively, therefore, the applicant is also entitled to be enlarged on bail on the ground of parity as the case of the applicant is on the better footing to that of the aforesaid co-accused. There is no previous criminal history of the applicant. There is no likelihood of abscondence or tampering with the evidence. The applicant is in jail since

22.12.2022. In case the applicant is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions advanced on behalf of the applicant, 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 applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

¶6Let the applicant - Ankush Singh, involved in the aforesaid case 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 :- 4.12.2023 Shahroz High Court of Judicature at Allahabad