Allowed

Diwakar Yadav v. State of U.P.

Allahabad HC5 Jul 2019BAIL/12004/2019

Case brief

AI extract

What is this about?

This court allowed a second bail application filed by Diwakar Yadav, granting bail based on the ground of parity. The court noted that a co-accused with an identical role had already been granted bail, and thus deemed it fit to release the applicant on bail with a personal bond and two sureties without expressing an opinion on the merits of the case.

What did the court decide?

Release on bail via personal bond and two sureties.

Diwakar Yadav Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 51

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12004 of 2019

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Applicant :- Diwakar Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Aditya Prasad Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Vipin Sinha,J.

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Heard learned counsel for the applicant and learned A. G. A. for the State.

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The applicant has moved the present second bail application seeking bail in Case Crime NO.382 of 2016 u/s 302, 201 IPC PS Kalyanpur District Fatehpur. The first bail application was rejected by this Court vide order dated 7.4.2017.

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Learned counsel for the applicant submitted that while rejecting the first bail application the Court was informed that the bail application of co-accused having identical role namely Pappu @ Gyan Singh was rejected by this Court vide order dated 5.1.2017. Contention is that subsequently after the statement of PW-1 was recorded, coaccused Pappu @ Gyan Singh has been granted bail keeping in view the statement of PW-1, vide order dated 15.2.2019 and thus, contention is that since the role of the applicant is identical to that of the co-accused Pappu @ Gyan Singh who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Learned counsel for the applicant further submits that the applicant is in jail since 4.9.2016 with no criminal history and in case he is released on bail, he will not misuse the liberty of bail.

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The prayer for bail has vehemently been opposed by learned A. G. A. However, he does not dispute the fact that the similarly placed co-accused has been granted bail by this Court.

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Considering the submissions made by learned counsel for the applicant as well as learned A. G. A. and the fact that identically placed co-accused has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.

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The bail application is accordingly allowed.

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Let the applicant Diwakar Yadav be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in the aforesaid case crime.

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Order Date :- 5.7.2019 SP

Diwakar Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Diwakar Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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