Parmeshwar and Another v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13304 of 2023 Applicant :- Parmeshwar And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Akash Dikshit Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Akash Dikshit, the learned counsel for the applicants as well as Sri Arpit Kumar, the learned A.G.A. for the State and perused the record.

¶2The instant application has been filed seeking release of the applicants on bail in Case Crime No. 297 of 2023, under Section 420, 467, 468. 471 I.P.C., registered at Police Station Hasanganj, District Unnao.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on 20.09.2023 against five persons, including the applicants, stating that during a raid conducted by a team of officials, the accused persons were found sieving expired cement. A huge quantity of cement was found from the premises.

¶4In the affidavit filed in support of the bail application, it has been stated that the applicants are innocent, they have been falsely implicated in the present case and they have no criminal history. It has also been submitted that the co-accused persons Gaurav Yadav and Saurabh Yadav have already been enlarged on bail by this court by means of an order dated 30.10.2023, passed in Criminal Misc. Bail Application No.12673 of 2023.

¶5The learned A.G.A. has opposed the bail application and he has stated that the investigation of the case is still going on.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the only allegation against the applicants is that they were sieving expired cement; that the F.I.R does not mention the date of expiry of cement; that there is no allegation that the applicants were doing the alleged act for selling the cement by deceiving the customers, coupled with the fact that the applicants have no criminal history and they are languishing in jail since 20.09.2023, whereas two co-accused persons have already been enlarged on bail by this court and without making any observations 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 applicants on bail.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicants-Parmeshwar and Bablu, 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 the following conditions: -

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

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

(iii) the applicants shall appear on each and every date fixed by the trial court. . (Subhash Vidyarthi,J.) Order Date :- 8.11.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench