Narendra Kumar Patel v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51632 of 2023 Applicant :- Narendra Kumar Patel Opposite Party :- State of U.P. Counsel for Applicant :- Krishan Mohan Pandey,Anand Mohan Pandey 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, under Section 439 CrPC, has been filed with a prayer to enlarge the applicant on bail in Case Crime No.476 of 2023, under Sections 419, 420, 467, 468, 471 IPC and Section 6/10 of the UP Public Examination (Prevention of Unfair Means) Act, Police Station Shivpur, District Varanasi, during pendency of the 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, Lavkush Kumar Patel has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 28.11.2023 passed in Criminal Misc. Bail Application No.50727 of 2023, therefore, the applicant is also entitled to be enlarged on bail on the ground of parity. There is no previous criminal history of the applicant. There is no likelihood of his abscondence or tampering with the evidence. The applicant is languishing in jail since 29.10.2023. 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, the aforesaid factual aspects of parity to the co-accused could not be disputed by him.

¶5Considering the facts, circumstances and the submissions made by learned counsel for the parties but without commenting on the merits of the case, this Court is of opinion that the applicant has made out a fit case for bail on the ground of parity. Accordingly, the bail application is allowed.

¶6Let the applicant - Narendra Kumar Patel, 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 :- 12.12.2023 Shahroz High Court of Judicature at Allahabad