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2024 DIGILAW 1207 (ALL)

Chandan Gond v. State Of Uttar Pradesh Thru. Secy. Deptt. Of Home Lko.

2024-05-06

PANKAJ BHATIA

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JUDGMENT : Pankaj Bhatia, J. 1. Heard learned counsel for the applicant, Sri Aradhyanayan Tiwari, who appears for the informant learned AGA and perused the record. 2. The accused-applicant seeks bail in Case Crime No.523 of 2022 under sections 302, 201 IPC, P.S Mohanlalganj, District Lucknow. 3. It is argued by the counsel for the applicant that the co-accused Pradeep Kahar was enlarged on bail by this court vide order dated 29.04.2024 in bail application no.9847 of 2023. 4. While arguing the bail application, the counsel for the applicant states that the applicant was linked with the offence in question based upon the confessional statement; the statement of the co-accused; the recovery which was done at the instance and pointing out of both the co-accused as well as on the basis of the last seen theory. 5. While granting bail to the co-accused, this court had noticed the assertions and had noted the same in para 6 and 7, as such, adopting the same reasoning coupled with the fact that the applicant has no criminal history and is in jail since 28.10.2022, the applicant is entitled for the bail. Thus the bail application is allowed. 6. Let the applicant Chandan Gond be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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.