Gajraj v. State of U.P.
Case brief
What is this about?
The High Court granted bail to the applicant in a case under section 306 IPC, holding that the applicant had made out a case for bail. Strict conditions were imposed regarding attendance and conduct during the trial.
What did the court decide?
The applicant was released on bail on furnishing a personal bond and two sureties.
What the court decided
Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32737 of 2018
Applicant :- Gajraj Opposite Party :- State Of U.P. Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Several submissions assailing the truthfulness of the allegations levelled against the accused have been placed forth by the counsel for the applicant. False implication has been pleaded. Counsel has also drawn the attention of the Court to the bail order dated 13.08.2018 passed with regard to co-accused Ganesh Prasad Gupta alias Ganesh Gupta by another Bench of this Court in Criminal Misc. Bail Application No. 30397 of 2018df. Submission is that the case of the accused has no substantial difference with that of the coaccused who has already been released on bail, and therefore, on principles of parity also the accused should be released on bail. It has also been submitted that the applicant is languishing in jail since 04.07.2018.
Learned AGA opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions 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 without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail.
Issues for consideration
2 issues framed by the court
Whether the accused is entitled to bail under the facts and circumstances of the case.
Whether conditions of bail should be imposed in the interest of justice.
Parties & counsel
- applicant
Gajraj
Coram
Rahul Chaturvedi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- BAIL/32737/2018
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