Allowed

Farman v. State of U.P.

Allahabad HC3 Jul 2019BAIL/17690/2019

Case brief

AI extract

What is this about?

In a bail application under Section 438 CrPC, the High Court granted bail to the applicant, Farman, based on the principle of parity. A co-accused, Nizam, in the same case involving robbery and theft under Sections 392 and 411 IPC, had already been released. The court issued a personal bond and two sureties with standard conditions.

What did the court decide?

Release on bail upon executing a personal bond and furnishing two sureties in the like amount to the satisfaction of the court.

Farman Vs State of U.P. — Cheating and Forgery | Allahabad HC (2019)

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Court No. - 80

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17690 of 2019

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Applicant :- Farman Opposite Party :- State Of U.P. Counsel for Applicant :- Tanisha Jahangir Monir,Inder Pal Singh Tomar Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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By means of this application, the applicant who is involved in Case Crime No. 46 of 2019, under Sections 392 and 411 I.P.C., P.S. Bahadurgarh, district-Hapur and is in jail since 15.3.2019, is seeking enlargement on bail during the trial.

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It is submitted by learned counsel for the applicant that similarly placed co-accused Nizam has already been granted bail in the aforesaid case by the court below vide order dated 8.4.2019 passed in Bail Application No. 340 of 2019, copy of bail order produced by learned counsel for the applicant is taken on record. He further submitted that since the role of the applicant is identical to that of co-accused Nizam who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.

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The prayer for bail has vehemently been opposed by learned A.G.A.

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Considering the submissions made by learned counsel for the applicant as well as learned A.G.A., this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.

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In view of the above, let the applicant, Farman 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

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concerned in Case Crime No. 46 of 2019, under Sections 392 and 411 I.P.C., P.S. Bahadurgarh, district-Hapur with the following conditions :-

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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Order Date :- 3.7.2019

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Faridul

Farman v. State of U.P.

Case brief

What is this about?

What did the court decide?

Farman v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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