Imran v. State of U.P.
Case brief
What is this about?
Single Judge of C-50 allowed a criminal bail application under Section 206 CrPC for an accused charged with murder, granting bail based on parity with co-accused and lack of aggravating factors without expressing an opinion on merits.
What did the court decide?
Released on bail by furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
What the court decided
Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48008 of 2018
Applicant :- Imran Opposite Party :- State Of U.P. Counsel for Applicant :- Surya Nath Bhatt Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
This case has been assigned by the Hon'ble The Chief Justice vide order dated 14.12.2018.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against unknown person alleging that on 2.7.2018 Abhai Pratap Singh was found dead in Innova Car. Subsequently, during investigation, it was found that with conspiracy of Geeta and Rahul, Abhai Pratap Singh was killed by Prem Singh, Imran and Hariom by strangulation.
Learned counsel for the applicant submitted that co-accused Prem Singh, Waseem and Hariom have been enlarged on bail by co-ordinate Bench of this Court vide orders dated 24.10.2018, 19.11.2018 and 4.12.2018 in Criminal Misc. Bail Application Nos. 40303 of 2018, 42867 of 2018 and 42862 of 2018 and the case of the applicant is identical to the case of coaccused, who have been enlarged on bail, hence the applicant is also entitled to bail on the ground of parity; applicant is languishing in jail since 19.7.2018 (more than four and half months); having no criminal history; the applicant is innocent and has been falsely implicated in the present case; the applicant is not named in the F.I.R.; recovery of Rs.1800/- was shown falsely; the money belongs to the applicant; there is no independent witness and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail on grounds of parity with co-accords who have already been granted bail and absence of aggravating circumstances.
Whether the period of custody and nature of the offence warrant release on bail.
Parties & counsel
- applicant
Imran
Coram
Aniruddha Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/48008/2018
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