Single judge granted bail to the applicant in a bail application filed under Criminal Misc. Bail Application No. 26768 of 2018, relying on the case law of Dataram Singh and the plea of parity.
Releases the applicant on bail by furnishing personal bonds with two sureties under specified conditions.
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. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26768 of 2018
Applicant :- Rahul Pratap Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Kumar Pandey, Sheshadri Trivedi,Shri Satish Trivedi, Senior Advocate
Counsel for Opposite Party :- G.A.,A.K. Garg,Ajai Kumar,Ajay Kumar Garg
Hon'ble Vivek Kumar Singh,J.
Heard Sri Ajay Kumar Pandey, learned counsel for the applicant and Sri Shashi Shekhar Tiwari, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the co-accused Dinesh Thakur having similar role has been granted bail by this Court on 25.09.2018 in Criminal Misc. Bail Application No. 24445 of 2018, a copy of said order has been produced by the learned counsel for the applicant, which is taken on record 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 has criminal history of five cases which has been properly explained in paragraph 22 of the affidavit filed in support of the bail application. The applicant is in jail since 12.02.2018.
Learned A.G.A. opposed the prayer for bail, but could not dispute the aforesaid fact as argued by the learned counsel for the applicant.
Having heard the submissions of learned counsel of
both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another , reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Without expressing any opinion on the merits of the case let the applicant Rahul Pratap involved in Case Crime No.1078 of 2017, under Sections 147, 148, 149, 307, 34 I.P.C., Police Station Majhola, District Moradabad be released on bail on his furnishing personal bonds with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before the trial Court on the date fixed.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 25.10.2018 Abhishek
1 issue framed by the court
Whether the applicant is entitled to bail on grounds of parity with a co-accused and based on the larger mandate of Article 21.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherRelied on¶10
Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22 · Who else cites this
Rahul Pratap
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Vivek Kumar Singh
Parties & counsel
