Daluwa v. State of U.P.
Case brief
What is this about?
This court granted bail to the applicant, Daluwa, detained in a case under Sections 147, 148, 323, 504, 506, 386, 427 IPC. The release was ordered on the ground of parity with a co-accouse already enlarged on bail, subject to standard conditions.
What did the court decide?
Release on bail with two sureties and personal bond upon execution of personal bond and furnishing of two sureties.
What the court decided
A compact analysis
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. - 29636 of 2018
Applicant :- Daluwa Opposite Party :- State Of U.P. Counsel for Applicant :- Virendra Singh Parmar Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 15 of 2018, under Sections 147, 148, 323, 504, 506, 386, 427 I.P.C., P.S. Badausa, District- Banda and is in jail since 02.07.2018, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that similarly placed co-accused, Guddu Singh, has already been enlarged on bail by this Court by order dated 05.04.2018 passed in Criminal Misc. Bail Application No. 12426 of 2018. He further submitted that since the role of the applicant is identical to that of co-accused, Guddu Singh, 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.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A., this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to bail on the ground of parity with a similarly placed co-accused who was already released on bail.
Parties & counsel
- applicant
Daluwa
Coram
Siddharth
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- BAIL/29636/2018
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