Aslam v. State of U.P.
Case brief
What is this about?
Single judge granted bail to the applicant charged with robbery and cheating, noting parity with co-accused and lack of suspicion of witness tampering, subject to standard bail conditions.
What did the court decide?
Released on bail with personal bond and two sureties each.
What the court decided
Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10546 of 2018
Applicant :- Aslam Opposite Party :- State Of U.P. Counsel for Applicant :- Mohit Gautam,Rajesh Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the coaccused Akram & Azam and Bablu @ Sameer having similar role have been granted bail by this Court vide order dated 08.09.2017 and 14.12.2017 in Criminal Misc. Bail Application No. 28877 of 2017 and 49202 of 2017 respectively and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 28.09.2017.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Aslam involved in Case Crime No. 279 of 2017, under Section 395, 397, 412 I.P.C., Police Station Naugawan Sadat, District Amroha be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to bail on grounds of parity with co-accused granted bail in similar cases?
Parties & counsel
- applicant
Aslam
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAIL/10546/2018
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