Court No. - 84

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10712 of 2022

Applicant :- Ankit Chauhan And 2 Others

Opposite Party :- State of U.P.

Counsel for Applicant :- Anirudh Pratap Singh Rathor, Rajeshwari

Singh, Sanjeev Kumar Khare

Counsel for Opposite Party :- G.A.

Hon'ble Ajit Singh,J.

Heard learned counsel for the applicants and the learned A.G.A.

This is a bail application on behalf of the applicants Ankit Chauhan,

Bablendra and Athendra in connection with Case Crime No.198 of 2021,

under Sections 147, 148, 323, 308, 304 I.P.C., Police Station Buxa, district

Jaunpur.

The submission of learned counsel for the applicants is that the applicants

are quite innocent and have been falsely implicated in the present case

with the ulterior motive. He submitted that co-accused Ram Singh

Chauhan and Krishna Kumar @ Kirshna have been admitted to the

concession of bail by another Bench of this Court by order dated

29.09.2021 passed in Criminal Misc. Bail Application No.32719 of 2021,

copy of the bail order supplied learned counsel for the applicant has been

perused by this Court and is taken on record and role assigned to

applicants is similar to role of other co-accused, who has already been

enlarged on bail. He claims parity. He submitted that the applicant is

languishing in jail since 05.01.2022, hence he is entitled to be released on

bail and he will not misuse the liberty of bail and will cooperate in the

trial.

Learned A.G.A. has opposed the bail plea. However, learned A.G.A. does

not dispute the factum of parity.

Considering the overall facts and circumstances, the nature of allegations,

the gravity of offence, the severity of the punishment, the evidence

appearing against the accused, submission of learned counsel for the

parties, considering the law laid down in the case of Data Ram Vs. State

of U.P. and others, 2018 (3), SCC, 2 and also the fact that aforesaid co-

accused has been admitted to the concession of bail by this Court, but

without expressing any opinion on merits, this Court finds it to be a fit

case for bail.

Accordingly, the bail application stands allowed.

Let the applicants Ankit Chauhan, Bablendra and Athendra involved in

the aforesaid crime be released on bail on executing a personal bond and

furnishing two sureties each in the like amount to the satisfaction of the

court concerned with the following conditions:

i) The applicants shall not tamper with the prosecution evidence.

ii) The applicants shall not threaten or harass the prosecution witnesses;

iii) The applicants shall appear on the date fixed by the trial court;

iv) The applicants shall not commit an offence similar to the offence of

which the applicant is accused, or suspected of the commission;

v) The applicants 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 such person from disclosing facts to the Court or to any police

officer or tamper with the evidence.

Order Date :- 29.4.2022

R./

Digitally signed by RAJEEV KUMAR

SACHDEVA

Date: 2022.05.05 11:27:37 IST

Reason:

Location: High Court of Judicature at

Allahabad