Criminal Misc. Bail Application allowed granting bail to Jabar Singh based on parity with co-accused granted bail, applying dicta from Dataram Singh, subject to standard conditions.
Applicant released on bail with personal bond and sureties verified.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21791 of 2018
Applicant :- Jabar Singh @ Amar Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Vinod Kumar Srivastava,Usha Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It has been contended by the learned counsel for the applicant that the co-accused Veer Pal Lodhi, Sunil Lodhi, Ramvir @ Kalaktar Khatik and Purushottam @ Kallan Dikshit have been granted bail by this Court vide orders dated 30.7.2018, 16.7.2018 and 20.7.2018 in Criminal Misc. Bail Application Nos. 23260 of 2018, 23283 of 2018, 26258 of 2018 & 27123 of 2018 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 23.1.2018.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Jabar Singh @ Amar Singh involved in Case Crime No.49 of 2018, under Section 414, I.P.C., Police Station Kayamganj, District Farrukhabad be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 2.8.2018
T. Sinha
2 issues framed by the court
Whether the applicant is entitled to bail on the ground of parity with co-accused granted bail on identical footing?
Whether the nature of offence and evidence permits release on bail without expressing an opinion on merits?
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶8
(2018)3 SCC 22 · Who else cites this
1 provisions across 1 enactments
Jabar Singh @ Amar Singh
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
