Kanhai Lal v. State of U.P.

Court No. - 69

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24824 of 2018

Applicant :- Kanhai Lal Opposite Party :- State Of U.P. Counsel for Applicant :- Ashish Mishra Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Counter affidavit filed by the learned A.G.A. today in the Court is taken on record.

Heard Sri Ashish Mishra, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.

It has been contended by the learned counsel for the applicant that the co-accused shyam Bihari has been granted bail by another Bench of this Court on 2.5.2016 in Criminal Misc. Bail Application No.7402 of 2016, a copy of said order has been produced by the learned counsel for the applicant, which is taken on record 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 has no criminal history. The applicant is in jail since 15.1.2016.

Learned A.G.A. opposed the prayer for bail, but could not dispute the aforesaid fact as argued by the learned counsel for the applicant.

Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another , reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.