Keshev Dev v. State of U.P.
Case brief
What is this about?
Full Bench of Court No. 23 granted bail to Keshev Dev under Sections 395/412 IPC, relying on parity with a co-accused and finding prima facie satisfaction of the charge.
What did the court decide?
Released on bail with two sureties, each, under a personal bond, furnished relying on identity and residence proof.
What the court decided
Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1577 of 2018
Applicant :- Keshev Dev Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant was not named in the first information report. It is further submitted that the co-accused Nitu Yadav @ Ajay having similar role has been granted bail by this Court vide order dated 10.01.2018 in Criminal Misc. Bail Application No. 1060 of 2018 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 16.11.2017.
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.
Let the applicant Keshev Dev involved in Case Crime No. 949 of 2017, under Section 395, 412 I.P.C., Police Station Narkhi, District Firozabad 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
2 issues framed by the court
Whether bail should be granted to the applicant on grounds of parity with a co-accused.
Whether the nature of accusation and severity of punishment warrant bail release.
Parties & counsel
- applicant
Keshev Dev
- respondent
State Of U.P.
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/1577/2018
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