Ghanshyam v. State of U.P.
Case brief
What is this about?
Single judge court granted bail to applicant Ghanshyam accused under Sections 328, 379, 411 IPC, relying on parity with a co-accused and prima facie satisfaction regarding charge
What did the court decide?
Bail granted to applicant Ghanshyam on personal bond with two sureties subject to standard conditions.
What the court decided
Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 515 of 2018
Applicant :- Ghanshyam Opposite Party :- State Of U.P. Counsel for Applicant :- Krishna Dutt Tiwari,Ajay Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the coaccused Ghanshyam having similar role has been granted bail by this Court vide order dated 20.09.2017 in Criminal Misc. Bail Application No. 36107 of 2017 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 18.07.2017.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Ghanshyam involved in Case Crime No. 262 of 2017, under Section 328, 379, 411 I.P.C., Police Station Baniyather, District Sambhal be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail on grounds of parity with a co-accused who has been granted bail in a similar case.
Whether evidence and charge disclosure warrant granting bail in the present case.
Parties & counsel
- applicant
Ghanshyam
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/515/2018
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