Rakesh v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51220 of 2023 Applicant :- Rakesh Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Agarval,Dilip Kumar Patel Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Supplementary affidavit filed on behalf of the applicant is taken on record.

¶2Heard learned counsel for the applicant, learned AGA for the State and perused the record.

¶3The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.538 of 2023, under Sections 392, 411 IPC, Police Station Kotwali Dehat, District Bulandshahr, during the pendency of trial.

¶4It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. It is also contended that similarly placed co-accused, Rajeev has already been enlarged on bail by a coordinate Bench of this Court vide order dated 28.11.2023 passed in Criminal Misc. Bail Application No.50806 of 2023. He further submitted that since the role of the applicant is identical to that of aforesaid co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. There is criminal history against the applicant which has been explained in paragraph-18 of the affidavit filed in support of the bail application in which the applicant has already been enlarged on bail. There is no likelihood of his abscondence or tampering with the evidence. The applicant is languishing in jail since

27.09.2023. In case the applicant is released on bail, he will not misuse the said liberty.

¶5The prayer for bail has been vehemently opposed by learned AGA. However, he could not dispute the aforesaid factual aspects of parity to the co-accused.

¶6Considering the facts, circumstances and the submissions made but without commenting on the merits of the case, this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity. Accordingly, the bail application is allowed.

¶7Let the applicant - Rakesh, involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶8In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 12.12.2023 Shahroz High Court of Judicature at Allahabad