Single judge fixed bail for the applicant Ajay Chauhan in a criminal case, relying on the principle of parity as a co-accused had been granted bail, citing Dataram Singh.
Released on bail with personal bonds and two sureties each in the like amount.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26856 of 2018
Applicant :- Ajay Chauhan Opposite Party :- State Of U.P. Counsel for Applicant :- Amarjeet Yadav,Ashok Kumar Mishra,Surjeet Singh Counsel for Opposite Party :- G.A.,Mukesh Kumar Singh
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed by the learned A.G.A. today in the Court is taken on record.
Counter affidavit filed by the learned counsel for the complainant today in the Court is also taken on record.
Heard learned counsel for the applicant and Sri Mukesh Kumar Singh, learned counsel for complainant and Sri Sanjay Singh, learned A.G.A.-I appearing for the State.
It has been contended by the learned counsel for the applicant that the co-accused Sudhir Rajbhar has been granted bail by another Bench of this Court on 5.10.2018 in Criminal Misc. Bail Application No.25852 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 no criminal history. The applicant is in jail since 6.6.2018.
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 Ajay Chauhan involved in Case Crime No.137 of 2017, under Sections 323, 504, 325 and 308 I.P.C. Police Station Sidhari,
District Azamgarh 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 :- 12.10.2018 Dev/-
2 issues framed by the court
Whether the applicant is entitled to bail on the ground of parity as co-accused has been granted bail.
Whether bail can be granted without expressing an opinion on the merits of the case.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶10
(2018) 3 SCC 22 · Who else cites this
Ajay Chauhan
State Of U.P.
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
