Dau Dayal v. State of U.P.

Court No. - 45

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23649 of 2018

Applicant :- Dau Dayal Opposite Party :- State Of U.P. Counsel for Applicant :- Rajeev Kumar Srivastava Counsel for Opposite Party :- G.A.,Kamal Kishor Mishra

Hon'ble Siddharth,J.

Heard learned counsel for the applicant, Shri Kamal Kishor Mishra, learned counsel for the complainant and learned A.G.A. for the State.

It has been contended by the learned counsel for the applicant that the co-accused Raj Kumar Gautam has been granted bail by this Court vide order dated 18.6.2018 in Criminal Misc. Bail Application No. 22288 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 06.5.2018.

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.

Without expressing any opinion on the merits of the case and 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.