HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 6755 of 2020
Applicant :- Bharat Tiwari And Another
Opposite Party :- State of U.P.
Counsel for Applicant :- Bhartendu Pathak
Counsel for Opposite Party :- G.A.
Hon’ble Ajit Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicants who are involved in Case Crime No. 12 of 2006, under Section 406 I.P.C., P.S. Banshdih, district-Ballia and are in jail since 23.1.2020, are seeking enlargement on bail during the trial.
Learned counsel for the applicants has submitted that the applicants are absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. Further submission is that the offence is triable by the court of Magistrate. He also submitted that similarly placed co-accused Rajbanshi Rajbhar, Util Singh, Bhullan Rajbhar, Tribhuvan Nath Tiwari, Ramashankar Singh, Raghunath Yadav, Ramji Yadav, Gaurishankar Yadav, Parmeshwar Pal, Arjun Yadav, Kapil Yadav, Gorakh Gond and Sudharshan Chauhan have already been enlarged on bail by another Bench of this Court vide order dated 19.11.2019 passed in Criminal Misc. Bail Application no. 50086 of 2019, copy whereof has been filed as Annexure-3 to the affidavit accompanying the bail application. He further submitted that since the role of the applicants is identical to that of co-accused persons who have already been enlarged on bail, they are also entitled to be enlarged on bail on the ground of parity.
The prayer for bail has vehemently been opposed by learned A.G.A. However, the aforesaid factual aspect of the matter has not been disputed by him.
Considering the submissions made by learned counsel for the applicants as well as learned A.G.A., this Court is of the view that the applicants have made out a case for grant of bail on the ground of parity.
In view of the above, let the applicants, Bharat Tiwari and Harivansh be released on bail in the aforesaid case on their executing personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in the aforesaid case with the following conditions :-
1. The applicants will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. They will not tamper with the witnesses.
3. They will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 20.2.2020