Ram Pal v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53393 of 2023 Applicant :- Ram Pal Opposite Party :- State of U.P. Counsel for Applicant :- Anand Kumar,Renu Choukl 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.169 of 2021, under Sections 308, 323, 506 IPC, Police Station Garhmukteshwar, District Hapur, during the pendency of trial.

¶3It is argued by the learned counsel for the applicant that the the applicant has been falsely implicated in the instant case. He has not been assigned any specific role with regard to the alleged incident. It is also contended that the co-accused having similar role to that of the present applicant has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 08.12.2021 passed in Criminal Misc. Bail Application No.36249 of 2021 (Rohtash and 2 others Vs. State of UP), therefore, the applicant is also entitled to be enlarged on bail considering the ground of parity. There is no previous criminal history against the applicant. There is no likelihood of his abscondence or tampering with the evidence. The applicant is languishing in jail since 21.11.2023. In case the applicant is released 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 by the counsel for the applicant.

¶5Having regard to the facts, circumstances and the submissions made particularly with regard to ground of parity 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 - Ram 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 :- 13.12.2023 Shahroz High Court of Judicature at Allahabad