Allowed

Talib @ S.P City v. State of U.P.

Allahabad HC1 Nov 2019BAIL/19260/2019

Case brief

AI extract

What is this about?

The court granted bail to Talib @ S.P City for Case Crime No. 30 of 2019 under various IPC and C.L.A. Act sections. The decision relied on the ground of parity with a co-accused previously enlarged on bail. Conditions for bail, attendance, and warranty against tampering were imposed.

What did the court decide?

Bail granted by executing a personal bond and furnishing two sureties in the like amount to the satisfaction of the court concerned.

Talib @ S.P City Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19260 of 2019

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Applicant :- Talib @ S.P City Opposite Party :- State of U.P. Counsel for Applicant :- Aadesh Kumar Srivastava,Ajay Kumar Pandey Counsel for Opposite Party :- G.A.,Brahma Kumar Tiwari,Omar Zamin

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Hon'ble Siddharth,J.

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Heard Sri Dev Raj Singh, Advocate holding brief of Sri Aadesh Kumar Srivastava, learned counsel for the applicant and 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. 30 of 2019, under Sections- 147, 148, 149, 323, 504, 506, 394, 342, 364 & 120-B IPC and Section 7. C.L.A. Act, Police Station- Dhoomanganj, District- Allahabad and is in jail since 11.01.2019, 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, Arshad, has already been enlarged on bail by this Court by order dated 12.09.2019 passed in Criminal Misc. Bail Application No. 19341 of 2019. He further submitted that since the role of the applicant is identical to that of co-accused, Arshad, 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, Talib @ S.P City 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. 30 of 2019, under Sections147, 148, 149, 323, 504, 506, 394, 342, 364 & 120-B IPC and Section 7. C.L.A. Act, Police Station- Dhoomanganj, DistrictAllahabad 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 :- 1.11.2019 Rohit

Talib @ S.P City v. State of U.P.

Case brief

What is this about?

What did the court decide?

Talib @ S.P City v. State of U.P.

Case brief

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