Fayeem and Another v. State of U.P.
Case brief
What is this about?
The Court considered a bail application filed by Fayeem and Gore alias Paro. Relying on parity and established Supreme Court principles, the Court granted bail without expressing an opinion on the merits of the case.
What did the court decide?
Applicants Fayeem and Gore alias Paro released on bail with personal bonds and two sureties each under specified conditions.
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. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40351 of 2018
Applicant :- Fayeem And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Akhilendra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri B.K. Mishra, learned counsel for the applicants and Sri Shashi Shekhar Tiwari, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicants that the co-accused Ninnu and Shahjad have already been granted bail by this Court vide order dated 10.11.2016 passed in Criminal Misc. Bail Application No. 30999 of 2016 and order dated 04.07.2018 passed in Criminal Misc. Bail Application No.24588 of 2018, a copy of said orders have been produced by the learned counsel for the applicants, which are taken on record and the case of the applicants stand on identical footing, hence the applicants are also entitled for bail on the ground of parity. The applicant are in jail since 06.08.2018.
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
Issues for consideration
1 issue framed by the court
Whether the applicants are entitled to bail on the ground of parity with co-accused who were previously granted bail.
Parties & counsel
- applicant
Fayeem
- applicant
Gore alias Paro
- respondent
State Of U.P.
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/40351/2018
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