Akash v. State of U.P.
Case brief
What is this about?
The Court allowed bail to the applicant in a murder case involving loss of life by gunshot. Relying on parity and the position of witnesses, the Court held that the applicant had made out a case for release.
What did the court decide?
Released on bail by furnishing a personal bond and two sureties each.
What the court decided
Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17292 of 2018
Applicant :- Akash Opposite Party :- State Of U.P. Counsel for Applicant :- Mandvi Tripathi,Santosh Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against Pradeep, Aakash, Raju and Rajesh alleging that on 3.2.2017 at 7:30 P.M. they armed with firearms came on motorcycle and shot fire indiscriminately at Rehbar. He received gunshot injuries and resultantly died.
It is submitted by learned counsel for the applicant that the co-accused Pradeep has already been enlarged on bail by this Court vide order dated 18.04.2018 passed in Criminal Misc. Bail Application No. 35435 of 2017, copy of which has been taken on record; the role of the applicant is identical to the co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity; the applicant is languishing in jail since 22.02.2017(more than one year and two months) having no criminal history; he has been falsely implicated in the present case; P.W.1(eye witness) to P.W.3(all witnesses of facts) have not supported prosecution case and turned hostile, hence there is no evidence against this accused; according to prosecution case, general role was assigned to all accused; incident is of night and at the time of incident, there was no sunlight; in case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to be enlarged on bail after spending over a year in custody on serious charges of murder.
Whether parity with a co-accused who has already been released on bail is a sufficient ground for granting bail to the applicant.
Parties & counsel
- applicant
Akash
Coram
Aniruddha Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/17292/2018
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