Chhotu @ Amarpal v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52703 of 2023 Applicant :- Chhotu @ Amarpal Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1Heard learned counsel for the applicant and Sri Abhishek Mishra, learned A.G.A. for the State and perused the material placed on record.

¶2Applicant seeks bail in Case Crime No. 37 of 2022, U/S 392 IPC, Police Station Mirhachi, District Etah, during the pendency of trial.

¶3It is submitted by learned counsel for the applicant that the name of the applicant has come up in the statement of the co-accused person, Gaurav @ Bijli, who has already been enlarged on bail by this Court vide order dated 3.8.2023 passed in Criminal Misc. Bail Application No. 59846 of 2022. It is stated that the case of the applicant is at a better footing, as the said statement of the co-accused person is not admissible under the Indian Evidence Act. The applicant is languishing in jail since 16.9.2023, having criminal history which stands explained. He further submitted that since the role of the applicant is at a better footing than that of co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.

¶4The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of parity to the co-accused has not been disputed by him.

¶5Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and pending trial, without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed on the ground of parity.

¶6Considering the submissions made by learned counsel for the parties, this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.

¶7Without expressing any opinion on the merits, the bail application is allowed. Let the applicant-Chhotu @ Amarpal, who is involved in aforementioned case crime number 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 following conditions. Further, before issuing the release order, the sureties be verified.

(i) The applicant shall not tamper with evidence.

(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

¶8In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶9It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. (Justice Krishan Pahal) Order Date :- 15.12.2023 Shalini High Court of Judicature at Allahabad