The Single Judge allowed bail in a criminal case on the ground of parity with co-accused who were already released. The court held that the applicant, though not named in the FIR, stood on identical footing with co-accused granted bail earlier.
Applicant released on bail on furnishing personal bond and two sureties subject to standard 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. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29437 of 2018
Applicant :- Mushahid Opposite Party :- State Of U.P. Counsel for Applicant :- Anand Kumar Mishra,Rajiv Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It has been contended by the learned counsel for the applicant that the applicant is not named in the FIR. Coaccused Yogendra Singh Pundir and Mukeem have been granted bail by this Court vide orders dated 3.4.2018 & 8.5.2018 in Criminal Misc. Bail Application Nos.12053 of 2018 & 17043 of 2018 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 had no prior criminal history and has been implicated in three cases simultaneously.
Bail orders of aforesaid co-accused has been annexed collectively as annexure-3 at page 24 to 27 of the bail application.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Mushahid involved in Case Crime No.261 of 2018, under Section 414, I.P.C., Police Station Kotwali Nagar, District Muzaffar Nagar be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court
concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 6.8.2018 T. Sinha
3 issues framed by the court
Whether the applicant is entitled to bail on the ground of parity with co-accused who have already been granted bail.
Whether the applicant has made out a case for bail despite not being named in the FIR.
Whether the bail prayer should be allowed based on the nature of offence and lack of prior criminal history.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶9
(2018)3 SCC 22 · Who else cites this
Mushahid
State Of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Siddharth
Parties & counsel
