Shan v. State of U.P.

Court No. - 55

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28758 of 2018

Applicant :- Shan Opposite Party :- State Of U.P. Counsel for Applicant :- Pooja Chaudhary Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Heard Ms. Pooja Chaudhary, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.

It has been contended by the learned counsel for the applicant that the co-accused Talib has been granted bail by another Bench of this Court on 7.8.2018 in Criminal Misc. Bail Application No.29664 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 29.6.2018.

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.

Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment , the applicant is entitled to be released on bail in this case.