The High Court granted bail to Gagan Singh in Criminal Misc. Bail Application No. 39984 of 2018, relying on the principle of parity established regarding a coaccused, without expressing a view on the merits of the case involving sections 307, 392, 504, and 120-B IPC.
The applicant was released on bail by furnishing a personal bond and two sureties.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39984 of 2018
Applicant :- Gagan Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Hari Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Hari Prakash Singh, 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 Sabal Singh having similar role has been granted bail by this Court vide order dated 11.10.2018 in Criminal Misc. Bail Application No. 39364 of 2018 a copy of said order has been produced by the learned counsel for the applicant, which is taken on record 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 26.05.2018.
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.
Let applicant Gagan Singh be released on bail in Case Crime No. 72 of 2018, under Sections 307, 392, 504, 120-B IPC, Police Station- Sikara, District- Jaunpur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release. (ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 23.10.2018 Arti
1 issue framed by the court
Whether bail should be granted to the applicant based on parity with a coaccused who was already granted bail.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherRelied on¶8
Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 · Who else cites this
Gagan Singh
State Of U.P.
Vivek Kumar Singh
As recorded by the court registry
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