In a bail application under Sections 379 and 411 IPC, this court granted bail to the applicant relying on the bail order of a similarly placed co-accused, noting that the applicant had explained his prior criminal history.
Released on bail by executing a personal bond and furnishing two sureties in the amount of the trial court's satisfaction with conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18227 of 2019
Applicant :- Mehboob Opposite Party :- State Of U.P. Counsel for Applicant :- Dinesh Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 749 of 2018, under Sections 379 and 411 I.P.C., P.S. Medical College, district-Meerut and is in jail since 8.1.2019, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that similarly placed co-accused Kuldeep has already been enlarged on bail by another Bench of this Court vide order dated 23.5.2019 passed in Criminal Misc. Bail Application No. 18427 of 2019, copy of the 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 Kuldeep who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.
Learned A.G.A. has vehemently opposed the prayer for bail and submitted that the applicant is having a long criminal history.
In reply, learned counsel for the applicant has submitted that he has properly explained the criminal history, in which he has been granted bail, copy whereof has been filed as Annexure-4 to to the affidavit accompanying the bail application.
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.
In view of the above, let the applicant, Mehboob 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 Case Crime No. 749 of 2018, under Sections 379 and 411 I.P.C., P.S. Medical College, district-
Meerut with the following conditions :-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at
liberty to cancel the bail.
Order Date :- 23.9.2019 Faridul
3 issues framed by the court
Whether the applicant is entitled to bail on the ground of parity given the similar situation of a co-accused.
Whether the applicant's criminal history bars the grant of bail.
Whether sufficient grounds have been made out for granting bail during the trial.
Colour shows how this judgement treated each authority
Criminal Misc. Bail Application No. 18427 of 2019Referred¶7
1 provisions across 1 enactments
Mehboob
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Ajit Singh
Parties & counsel
