Raju Verma v. State of U.P.

Court No. - 55

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27156 of 2018

Applicant :- Raju Verma Opposite Party :- State Of U.P. Counsel for Applicant :- Rajiv Lochan Shukla Counsel for Opposite Party :- G.A.,Amresh Yadav,Pavan Kumar Srivastava,Saghir Ahmad,Shashi Prakash Rai

Hon'ble Vivek Kumar Singh,J.

Heard Sri Rajiv Lochan Shukla, learned counsel for the applicant, Sri Sagir Ahmad, learned counsel for the complainant, learned A.G.A. for the State and perused the material on record.

It is submitted by learned counsel for the applicant that similarly placed co-accused Sanjay Verma has already been enlarged on bail by this Court by order dated 29.5.2018 passed in Criminal Misc. Bail Application No. 46752 of 2017, copy whereof has been filed as annexure-10 to the affidavit accompanying the bail application. He further submitted that since the role of the applicant is identical to that of co-accused Sanjay Verma 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, as well as learned counsel for the complainant. However, the aforesaid factual aspect of the matter has not been disputed by him.

Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in