Allowed

Nasir @ Lalla @ Imran v. State of U.P.

Allahabad HC5 Oct 2018BAIL/28202/2018

Case brief

AI extract

What is this about?

Hon'ble Vivek Kumar Singh, J. granted bail to the applicant, Nasir @ Lalla @ Imran, on parity grounds with a co-accused, relying on Dataram Singh v. State of U.P. without expressing a view on the merits. Conditions included furnishing bonds and sureties.

What did the court decide?

Release on bail with personal bonds and two sureties (one of family member) of Rs. one lakh each, subject to specific conditions.

Nasir @ Lalla @ Imran Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 55

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28202 of 2018

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Applicant :- Nasir @ Lalla @ Imran Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Supplementary affidavit filed by learned counsel for the applicant today in the Court is taken on record.

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Heard Sri Rajesh Yadav, learned counsel for the applicant and Sri V.K.Singh, learned A.G.A. appearing for the State.

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It has been contended by the learned counsel for the applicant that the co-accused Banti @ Badshah has been granted bail by this Court on 27.9.2018 in Criminal Misc. Bail Application No.25525 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 26.11.2017.

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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.

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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.

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Without expressing any opinion on the merits of the case let the applicant Nasir @ Lalla @ Imran involved in Case Crime No.869 of 2017, under Section 307 I.P.C. Police Station Ramgarh, District Firozabad be released on bail on their furnishing personal bonds with two sureties (of Rs. one lakh) each (one should of family member) in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/intimidate the prosecution witness.

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(iii) The applicant will appear before the trial Court on the date fixed.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 5.10.2018 Dev/-

Nasir @ Lalla @ Imran v. State of U.P.

Case brief

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Nasir @ Lalla @ Imran v. State of U.P.

Case brief

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