Anwar v. State of U.P.
Case brief
What is this about?
In this bail application, the applicant sought release on bail alleging false implication and citing the grant of bail to identically placed co-accused. The court granted bail on a personal bond with two sureties.
What did the court decide?
Released on bail on personal bond and furnishing two sureties with standard conditions to appear, not tamper with evidence, and not commit new offences.
What the court decided
Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1923 of 2018
Applicant :- Anwar Opposite Party :- State Of U.P. Counsel for Applicant :- Devesh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against Channu Khan, Smt. Jumiya Begum, Anwar and Hasuddin alleging that they assaulted the injured Khatune Begum, Man Khan and Nasreen and they have received injuries.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is cross case crime no. 282 of 2017 under Sections 307, 323, 504, 506 I.P.C. both sides persons have received injuries; there is no independent witness against the applicant; the co-accused Channu Khan @ Dhannu Khan @ Nannu Khan and Smt. Jumia Begum have already been enlarged on bail by Co-ordinate Bench of this Court vide order dated 29.11.2017 passed in Criminal Misc. Bail Application no. 46663 of 2017 & 46668 of 2017 the role of the applicant is identical to that of the co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is in jail since 19.09.2017 (more than four and half month) having no criminal history.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail on the ground of parity with identically placed co-accused already enlarged on bail.
Whether standard bail conditions are sufficient for the applicant's release.
Parties & counsel
- applicant
Anwar
Coram
Aniruddha Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/1923/2018
Similar cases
Judgements on the same questions, provisions and authorities, from every court