Ankur Maurya v. State of U.P. Thru. Addl. Chief Secy. Home, Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11318 of 2023 Applicant :- Ankur Maurya Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home, Lko. Counsel for Applicant :- Prashant Singh Gaur,Arvind Kumar Srivastava,Sudhanshu Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Shivam Srivastava, Advocate holding brief of Sri Sudhanshu Mishra, learned counsel for the applicant and Sri Manish Kumar Pandey, learned AGA-I for the State and perused the record.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No.72 of 2021, under Sections 147, 323, 325, 504, 148, 308 and 506 IPC, Police Station - Kotwali Tanda, District - Ambedkar Nagar.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on

09.04.2021 against (1) Ramesh Verma, (2) Vipin Gupta and four other persons stating that all the accused persons adduced him and Vipin Gupta assaulted on his head with a gandasa, Ramesh Gupta had beaten him with sticks, then he failed down, the other persons had beaten him with kicks and fists.

¶4In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

¶5The learned counsel for the applicant has submitted that co-accused Shivam Gupta, has already been granted bail by means of an order dated 21.09.2023 passed by this Court in Criminal Misc. Bail Application No.11369 of 2023.

¶6A supplementary affidavit has been filed on behalf of the applicant disclosing his involvement in another case bearing Case Crime No. 200 of 2020 under section 147, 323, 506 I.P.C., Police Station-Tanda, District - Ambedkar Nagar, in which he has not been summoned till date.

¶7The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶8Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is not named in the FIR, which contains specific allegations against two persons, Vipin Gupta and Ramesh Verma only and that Ramesh Verma has already been granted bail, coupled with the fact that applicant is languishing in jail since 29.08.2023 and without making any observation, which may affect the merits of the case, I am of the view that the applicant is also entitled to be released on bail on the ground of parity in the aforesaid crime.

¶9Accordingly, this bail application stands allowed.

¶10Let the applicant-Ankur Maurya be released on bail in the aforesaid cae, 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 :- 16.10.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench