Balendra v. State of U.P.

Court No. - 55

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39278 of 2018

Applicant :- Balendra Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Akbar Shah Alam Khan Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Heard learned counsel for the applicant, Sri Abhinav Prasad, learned AGA for the State and perused the material brought on record.

It has been contended by the learned counsel for the applicant that the coaccused Ruchin Tyagi and Manoj @ Sonu having similar role have been granted bail by this Court vide orders dated 25.09.2018 in Criminal Misc. Bail Application Nos. 36253 of 2018 and 36120 of 2018 a copy of said orders have been annexed as Annexure No. 3 to the affidavit filed in support of bail application 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 is in jail since 15.08.2018.

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.

Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.