Rahul v. State of U.P.
Case brief
What is this about?
Single judge order allowing bail to the applicant holding that he is entitled to be released on the ground of parity with a co-accound who has already been granted bail and satisfying the reformative theory of punishment.
What did the court decide?
Applicant released on bail on furnishing personal bonds with two sureties each.
What the court decided
Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7410 of 2018
Applicant :- Rahul Opposite Party :- State Of U.P. Counsel for Applicant :- Kuldeep Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Sri Atul Kulshretha and Sri Manoj Kumar Yadav, learned counsel have put in appearance on behalf of the complainant by filing their Vakalatnama today in the Court, which is taken on record.
Heard Sri Kuldeep Singh Yadav, learned counsel for the applicant and Sri Atul Kulshretha and Sri Manoj Kumar Yadav, learned counsel for the complainant and Sri Ravi Singh Parihar, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the co-accused Ram Avtar has been granted bail by another Bench of this Court on 20.2.2018 in Criminal Misc. Bail Application No.6083 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 has no criminal history. The applicant is in jail since 23.1.2018.
Learned counsel for the complainant and learned A.G.A. have opposed the prayer for bail, but could not dispute the aforesaid fact as argued by the learned counsel for the applicant.
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 and the reformative theory of punishment.
Parties & counsel
- applicant
Rahul
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/7410/2018
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