The High Court allowed bail to the applicant charged under Sections 115, 120B IPC. The court relied on the parity of the applicant with co-accused granted bail and did not adjudicate the merits of the case.
Released on bail with a personal bond and two sureties in like amount, subject to 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. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19939 of 2019
Applicant :- Sharad Rastogi @ Mamu Opposite Party :- State Of U.P. Counsel for Applicant :- Jai Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Jai Singh Yadav, learned counsel for the applicant, Sri Pankaj Srivastava, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Sharad Rastogi @ Mamu with a prayer to release him on bail in Case Crime No. 162 of 2019, under Sections 115, 120B IPC, Police Station- Civil Lines, DistrictMoradabad, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is not named in the F.I.R. and has been falsely implicated in the present case due to ulterior motive. The coaccused persons, namely, Keshav Sharma @ Rahul and Umesh Chandra Bhatt have been granted bail by this Court vide order dated 29.04.2019 passed in Criminal Misc. Bail Application No. 16060 of 2019 and the another Bench of this Court vide order dated 01.05.2019 passed in Cri. Misc. Bail Application No. 18466 of 2019, respectively, copy of which orders have been appended as Annexure no.5 to the affidavit accompanying the bail application and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 07.03.2019. The applicant does not have any previous criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without
expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 14.5.2019 JK Yadav
1 issue framed by the court
Whether the applicant, who is not named in the FIR and whose co-accused have been granted bail, is entitled to bail on grounds of parity and lack of prior criminal history.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶9
Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 · Who else cites this
Sharad Rastogi @ Mamu
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
