Arif v. State of U.P.
Case brief
What is this about?
This court granted bail to the applicant in a criminal bail application filed under the parity of a co-accused who had already secured bail. The applicant was charged with fraud-related offenses.
What did the court decide?
The applicant was released on bail on furnishing personal bonds with two sureties for each in the like amount subject to compliance with specified conditions.
What the court decided
Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8102 of 2018
Applicant :- Arif Opposite Party :- State Of U.P. Counsel for Applicant :- Sunil Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Sunil Kumar Tiwari, learned counsel for the applicant and Sri Purushottam Maurya, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the co-accused Irfan @ Fanu has been granted bail by another Bench of this Court on 18.9.2017 in Criminal Misc. Bail Application No.35451 of 2017, a copy of said order has been annexed as annexure-2 to the affidavit accompanying this 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 has no criminal history. The applicant is in jail since 7.9.2017.
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.
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 and reformative theory of punishment , the applicant is entitled to be released on bail in this case.
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 who has been granted bail in similar circumstances.
Parties & counsel
- applicant
Arif
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAIL/8102/2018
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