Om Shankar v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13220 of 2023 Applicant :- Om Shankar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko Counsel for Applicant :- Vivek Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Vivek Kumar Shukla, learned counsel for the applicant, Sri Arpit Kumar, the learned A.G.A.-I for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No.155 of 2020, under Sections 409, 419, 420, 467, 468, 471, 504, 506, 120B I.P.C., registered at Police Station Kumarganj, District Faizabad/Ayodhya.

¶3Learned counsel for the applicant submits that co-accused Anjani Kumar Kaushal and Kanhaiya Kaushal, have been enlarged on bail by means of the order dated 29.05.2023 and 26.7.2021 passed in Bail Nos. 7018 of 2023, and 10040 of 2021, respectively. He, therefore, submits that the applicant may also be enlarged on bail on the ground of parity.

¶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 criminal history of 38 cases of similar nature has been disclosed in para 19 of the affidavit, in 35 of which the applicant has been granted bail.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that three co-accused persons have been granted bail and the applicant has been granted bail in 35 other cases of similar nature, I am of the view that the applicant is also entitled to be enlarged on bail on the ground of parity in the aforesaid crime.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Om Shankar be released on bail in the aforesaid case, 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 :- 7.11.2023 prateek* High Court of Judicature at Allahabad, Lucknow Bench