Research › Search › Judgment

Allahabad High Court · body

2020 DIGILAW 62 (ALL)

Harbir v. State of U. P.

2020-01-07

AJIT SINGH

body2020
JUDGMENT : 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record. 2. By means of this application, the applicant who is involved in Case Crime No. 1617 of 2016, under Section 302 I.P.C., P.S. Nai Mandi, district-Muzaffar Nagar and is in jail since 04.11.2017, is seeking enlargement on bail during the trial. 3. According to prosecution case, F.I.R. was lodged on 7.11.2016 against unknown person alleging that on 6.11.2016 Sri Devi Dayal Sharma (father of complainant) was died in road accident. Postmortem was conducted and according to postmortem report, cause of death was firearm injury. Subsequently, one Subodh Jat was arrested by the police and he disclosed the name of two accused persons namely Jagaa and the present accused Harveer. Both accused persons confessed before one Munesh (son of deceased). Charge sheet has been submitted against both accused persons. 4. It is submitted by learned counsel for the applicant that similarly placed co-accused Jagga has already been enlarged on bail by coordinate Benche of this Court vide order dated 4.5.2018 passed in Criminal Misc. Bail Application no. 16654 of 2018, copy whereof has been filed as Annexure7 to the affidavit accompanying the bail application. He further submitted that since the role of the applicant is identical to that of Jagga who has already been enlarged on bail, He is also entitled to be enlarged on bail on the ground of parity. 5. 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. 6. Considering the submissions made by learned counsel for the applicant as well as learned A.G.A., this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity. In view of the above, let the applicant, Harbir be released on bail in the aforesaid case on his 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 :- (a) The applicant shall attend the court according to the conditions of the bond executed by him. (b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.