Ravi Shankar v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12078 of 2023 Applicant :- Ravi Shankar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Hari Prasad,Amit Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Amit Kumar Srivastava, learned counsel for the applicant, Sri Rakesh Kumar Singh, learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 483 of 2022, under Sections 419, 420, 467, 468, 471, 120-B I.P.C., registered at Police Station Mohanlalganj, District Lucknow.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 06.10.2022 against 3 persons, not including the applicant alleging that some persons were claiming the informant's land on the basis of a sale deed executed by some imposter.

¶4In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in Case Crime No.514 of 2022, under Sections 419, 420, 467, 468, 471, 506 I.P.C. Police Station Mohanlalganj, District Lucknow has been disclosed in para 7 of the affidavit in which he was granted bail by means of an order dated 05.08.2023, passed by the Special Judge, C.B.I. Court No.2, Lucknow. The applicant has been implicated in the present case on the basis of statement of the co-accused Abhilash, stating that fake IDs of the seller were got prepared with the help of the applicant and one Raj Kumar, however, no incriminating material was recovered from the possession of the applicant or on his pointing out.

¶5The co-accused Abhilash on whose statement the applicant has been implicated in the present case was granted bail by means of an order dated 23.02.2023 passed by this Court in Criminal Misc. Bail Application No.14817 of 2022. The co-accused Raj Kumar against whom similar allegations has been levelled by Abhilash has also been granted bail by this court by means of an order dated 10.08.2023, passed in Criminal Misc. Bail Application No.9123 of 2023. Seven other co-accused persons have also been granted bail in the present case.

¶6The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that that similarly situated co-accused person Raj Kumar has already been granted bail in the present case whereas the applicant is languishing in jail since 19.08.2022 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime on the ground of parity.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Ravi Shankar be released on bail in Case Crime No. 483 of 2022, under Sections 419, 420, 467, 468, 471, 120-B I.P.C., registered at Police Station Mohanlalganj, District Lucknow on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi, J.) Order Date :- 10.10.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench