Advocates:
['ALI HASAN', '', 'SHIV KUMAR MAURYA', 'DILEEP KUMAR', 'OM PRAKASH', 'RAJIV KUMAR MISHRA', 'ANAND KUMAR MISHRA', 'G A']

Court No. - 77

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13416

of 2017

Applicant :- Satish Chandra Rajpoot

Opposite Party :- State of U.P.

Counsel for Applicant :- Ali Hasan,Anand Kumar

Mishra,Dileep Kumar,Om Prakash,Rajiv Kumar Mishra,Shiv

Kumar Maurya

Counsel for Opposite Party :- G.A.

Hon'ble Mrs. Sadhna Rani (Thakur),J.

Heard learned counsel for the applicant, learned A.G.A. and

perused the record.

This is second bail application under Section 439 Cr.P.C. moved

by the applicant - Satish Chandra Rajpoot to enlarge him on bail

in Case Crime No. 584 of 2015 under Sections 396, 412 I.P.C.

and 12, 14 Dacoity Affected Areas Act, Police Station Aet,

District Jalaun at Orai.

It is argued by the learned counsel for the applicant that the first

bail application of the present accused was rejected on

18.10.2016. Later on, the co-accused Bablu Srivastava @

Dharmendra Srivastava, Narendra Nai @ Karan Nai, Amit

Pathak @ Tillu Pradhan and Punjab Singh have been granted

bail by the coordinate benches of this Court. The present

accused is languishing in jail since 20.11.2015. Hence, prayer

for bail is made.

Learned A.G.A. has opposed the bail application and argued

that previously the bail application of the applicant had been

rejected on merits and the bail granted to the co-accused

persons can not make the applicant entitled for second bail.

Learned counsel for the applicant has placed before the court

the judgement in the case of Nanha Vs. State of U.P., 1993

Cri.L.J. 938 wherein the Division Bench of this Court held that

an accused is entitled to be released on bail on the ground of

parity by moving the second or third bail application in the

circumstances that at later date if the co-accused of the same

criminal case with similar role was granted bail by the another

Judge, even without disclosing the fact that the bail application

of the another co-accused with similar role has already been

rejected by the another Judge. The order dated 27.04.2022

passed in Criminal Misc. Bail Application No. 1464 of 2022 -

Vivek Kumar Vs. The Union of India, is also placed before the

Court, wherein on the basis of various rulings the court reached

at a conclusion that the accused, whose bail application has

been rejected earlier, can be granted bail on the ground of parity

of co-accused who has been granted bail later on.

From perusal of the record, it is clear that the first bail

application of the applicant was rejected on 18.10.2016 and

later on, Narendra Nai from whom Rs. 70,000/- had been

recovered by the police, Panjab Singh from whom Rs. 50,000/-

had been recovered, Amit Pathak from whom Rs. R. 35,000/-

had been recovered and one more accused Bablu Srivastava

have been granted bail by the coordinate benches of this court.

The case of present accused is identical to that of Narendra Nai,

who has been granted bail on 12.01.2017. The present accused

is languishing in jail since 20.11.2015. There is no criminal

history to the credit of the present applicant.

After perusing the record in the light of the submissions made

at bar and taking an overall view of all the facts and

circumstances of this case, the nature of accusations, severity of

punishment in case of conviction, the period of detention

already undergone, the unlikelihood of early conclusion of trial

without commenting on the merits of the case, this Court is of

the view that the applicant may be enlarged on bail.

The bail application is allowed.

Let the applicant Satish Chandra Rajpoot s/o Radha

Chanran Rajpoot involved in Case Crime No. 584 of 2015

under Sections 396, 412 I.P.C. and 12, 14 Dacoity Affected

Areas Act, Police Station Aet, District Jalaun at Orai be released

on bail on his furnishing personal bonds and two sureties each

in the like amount to the satisfaction of the court concerned

subject to the following conditions:-

1. The applicant will not tamper with the evidenc