Rai Singh v. State of U.P.
Case brief
What is this about?
The Court granted bail to the applicant Rai Singh in a criminal case involving Sections 354, 363, 120B IPC and POCSO Act, citing principles of parity and expeditious trial.
What did the court decide?
Released on bail with a personal bond and two sureties; trial directed to be expedited.
What the court decided
Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40877 of 2018
Applicant :- Rai Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Gajendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Gajendra 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 co-accused Rambabu having similar role has been granted bail by this Court vide order dated 07.08.2018 in Criminal Misc. Bail Application No. 29618 of 2018 a copy of said order has been annexed as Annexure No. 7 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 02.06.2018.
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.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to bail on the ground of parity with a co-accused having similar role.
Parties & counsel
- applicant
Rai Singh
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/40877/2018
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