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Neutral Citation No. - 2025:AHC:24348 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4279 of 2025 Applicant :- Ramesh Bhadana Opposite Party :- State of U.P. Counsel for Applicant :- Sunita Chauhan Counsel for Opposite Party :- Daya Shanker Pandey,G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Ms. Sunita Chauhan, learned counsel for the applicant, Sri Daya Shanker Pandey, learned counsel for the informant as well as Shri Sunil Kumar, learned A.G.A. for the State and perused the record.
3. Applicant seeks bail in Case Crime No.221 of 2024, under Sections 85, 80(2), 115(2) B.N.S. and 3/4 Dowry Prohibition Act, Police Station- Dankaur, District- Gautam Buddh Nagar, during the pendency of trial.
4. It is submitted by learned counsel for the applicant that the applicant claims parity with co-accused person Mundres, mother- in-law of the deceased person, who has already been enlarged on bail by this Court vide order dated 8.1.2025 passed in Criminal Misc. Bail Application No.46693 of 2024. The role of assault has been assigned to the brother-in-law Tarun. The applicant is the father-in-law of the deceased person. The applicant is languishing in jail since 25.8.2024, having no criminal history. He further submitted that since the role of the applicant is identical to that of co-accused, 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 been vehemently opposed by learned A.G.A. However, the aforesaid factual aspects of parity to the co- accused and of no criminal history of the applicant, have not been disputed by him.
6. Learned counsel for the informant has opposed the bail application on the ground that applicant was hand in glove with other co-accused persons and was present at the time of offence,
although, it is true that the actual shooter was Tarun, brother-in- law of the deceased person.
7. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties, the evidence on record, and also taking into consideration the judgment of the Supreme Court passed in the case of Paras Ram Vishnoi vs. The Director,
Central
Bureau
of
Investigation, MANU/SCOR/22410/2021 and the judgment of this Court passed in the case of Nanha S/o Nabhan Kha vs. State of U.P., 1993 Cri.L.J. 938 coupled with the judgment of Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and another reported in 2022 SCC OnLine SC 825, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail on the ground of parity. The bail application is allowed on the ground of parity.
8. Let the applicant- Ramesh Bhadana involved in aforementioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
9. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
10. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion on the testimony of the witnesses.
Order Date :- 19.2.2025/ Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad