Court allowed bail to the applicant on the basis of parity with a co-accused who had already been released, finding no specific grounds to deny relief despite State opposition.
Release on bail by furnishing a personal bond and two heavy sureties subject to standard bail conditions.
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Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13929 of 2019
Applicant :- Uma Shankar Dubey Alias Loha Dubey Opposite Party :- State Of U.P. Counsel for Applicant :- Manish Kumar Dwivedi,Deepak Kumar Verma,Siya Ram Verma Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Counter affidavit filed on behalf of the State is taken on record.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is contended by the learned counsel for the applicant that the co-accused Anil Singh @ Janmejay @ Manzar has been granted bail by another Bench of this Court vide order dated 8.7.2019 passed in criminal misc. bail application no.27065 of 2019, copy of which has been produced before this Court, which is being taken on record. He further submits that role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail on the ground of parity. It is next contended that the applicant is languishing in jail since 10.12.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the submissions of the learned counsel for the parties, the fact that the identically placed co-accused has already been released on bail by this Court, without expressing any opinion on the merits of the case, the Court is of the view that it is a fit case for bail. The bail application is allowed.
Let the applicant Uma Shankar Dubey alias Loha Dubey involved in Case Crime No.509 of 2018 under Sections 326 Ka, 506 I.P.C., Police Station Manjhanpur, District Kaushambi be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 24.7.2019
ss
1 issue framed by the court
Whether the applicant, whose co-accused in identical role was granted bail by another Bench, is entitled to bail on grounds of parity and lack of flight risk.
Colour shows how this judgement treated each authority
Criminal Misc. Bail Application No.27065 of 2019Referred¶7
Uma Shankar Dubey Alias Loha Dubey
Om Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
