Shoeb v. State of U.P.
Case brief
What is this about?
The High Court allowed a bail application filed by Shoeb, granting release on personal bond and two sureties. The court held that parity with co-accusers Shadab and Sahab warranted bail for the applicant in case Crime No. 242 of 2016.
What did the court decide?
Released on bail on executing personal bond and furnishing two sureties in case Crime No. 242 of 2016.
What the court decided
Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30716 of 2018
Applicant :- Shoeb Opposite Party :- State Of U.P. Counsel for Applicant :- Kamesh Kumar Arya Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and 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 namely, Shadab and Sahab @ Shabab have already been enlarged on bail by another Bench of this Court vide order dated 25.6.2018 passed in Criminal Misc. Bail Application No. 23165 of 2018, copy of bail order produced by learned counsel for the applicant is taken on record. He further submitted that since the role of the applicant is identical to that of co-accused Shadab and Sahab @ Shabab who have 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.
In view of the above, let the applicant, Shoeb be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 242 of 2016, under Sections 323, 354, 307 and 506 I.P.C., P.S. Ganj, district-Rampur with the following conditions :-
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail on the ground of parity with similar co-accused who have already been granted bail.
Whether the applicant satisfies the conditions required for release on bail in a trial under Sections 307 and 354 IPC.
Parties & counsel
- applicant
Shoeb
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- BAIL/30716/2018
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