Pankaj v. State of U.P.
Case brief
What is this about?
A single judge granted bail to the applicant, Pankaj, in a case involving robbery and criminal breach of trust, exercising its discretion on the ground of parity with a co-accused who had already been released on bail.
What did the court decide?
Release of applicant on personal bond and two sureties to await trial.
What the court decided
Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18624 of 2019
Applicant :- Pankaj Opposite Party :- State Of U.P. Counsel for Applicant :- Shailendra Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Counter affidavit filed in court today is taken on record.
Heard learned counsel for the applicant, 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. 19 of 2019 under Sections 392, 411 I.P.C., Police Station-Kuthaund, District-Jalaun and is in jail since 15.02.2019, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that one mobile was recovered from the possession of the present accused however there is no public witness of the alleged recovery and similarly placed co-accused Dinesh Chandra @ Bhura has already been enlarged on bail by coordinate Bench of this Court vide order dated 29.05.2019 passed in Criminal Misc. Bail Application No. 16111 of 2019, copy whereof has been produced by counsel for the applicant. All the offences are triable by court of Magistrate. He further submitted that since the role of the applicant is identical to that of co-accused Dinesh Chandra @ Bhura who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail on the ground of parity granted to a co-accused.
Whether the applicant's role being identical to that of a co-accused already granted bail warrants bail for him.
Parties & counsel
- applicant
Pankaj
Coram
Ajit Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/18624/2019
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