Asif v. State of U.P.

Court No. - 45

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25951 of 2018

Applicant :- Asif Opposite Party :- State Of U.P. Counsel for Applicant :- Keshari Nath Tripathi Counsel for Opposite Party :- G.A.

Hon'ble Siddharth,J.

Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.

By means of this application, the applicant who is involved in Case Crime No. 61 of 2018, under Sections 395, 397, 412 I.P.C., P.S. Faijganj Behata, District- Budaun and is in jail since 20.04.2018, is seeking enlargement on bail during the trial.

It is submitted by learned counsel for the applicant that similarly placed co-accused, Chhotey @ Imran, has already been enlarged on bail by this Court by order dated 31.07.2018 passed in Criminal Misc. Bail Application No. 28529 of 2018. He further submitted that since the role of the applicant is identical to that of co-accused, Chhotey @ Imran, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.

The prayer for bail has vehemently been opposed by learned A.G.A.

Considering the submissions made by learned counsel for the applicant as well as learned A.G.A., this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.