(1.) The petitioner, incarcerated upon his arrest in the FIR captioned above, has come up before this Court under Sec. 439 of Code of Criminal Procedure, 1973 (CrPC) seeking bail.
(2.) In paragraph 31 of the bail application, the accused declares the following criminal antecedents: <FRM>JUDGEMENT_53_LAWS(P&H)10_2023_1.html</FRM>
(3.) Petitioner's counsel prays for bail by imposing any stringent conditions including declaration of assets by the petitioner and family members, and are also voluntarily agreeable to the condition that till the conclusion of the trial, the petitioner shall keep only one mobile number, which is mentioned in AADHAR card, if any, and within fifteen days undertakes to disconnect all other mobile numbers. It is submitted that he shall not take such declaration as self incrimination, violation of Article 20/21 of Constitution of India or any other fundamental right/law. The petitioner contends that the further pretrial incarceration would cause an irreversible injustice to the petitioner and family. He further submits that co-accused have already been enlarged on bail by this Court vide order dtd. 13/9/2023 passed in CRM-M-36327-2023 and CRM-M-36313-2023 as such the petitioner also deserve the concession on the basis of parity with co-accused.