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

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13192 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 Amitabh Chaturvedi, 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.62 of 2020, under Sections 409, 419, 420, 467, 468, 471, 504, 506, 120B I.P.C., registered at Police Station Kotwali Nagar., District Faizabad/Ayodhya.

¶3Learned counsel for the applicant submits that co-accused Ajay Kumar Uapadhyay, Jai Prakash Singh and Vishnu Gupta, have been enlarged on bail by means of the order dated 11.05.2023, 08.10.2021 and 13.07.2023 passed in Bail Nos. 4114 of 2023, 11488 of 2021 and 8788 of 2023, 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