In Criminal Misc. Bail Application No. 25044 of 2019, the Single Judge allowed bail to the applicant, Panni Lal, accused under IPC and POCSO Act, relying on parity with co-accused already granted bail in the same occurrence.
Release on bail on furnishing a personal bond and two sureties each in like amount.
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. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25044 of 2019
Applicant :- Panni Lal Opposite Party :- State Of U.P. Counsel for Applicant :- Vikas Rana Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A and gone through the record.
This bail application has been moved on behalf of accusedapplicant- Panni Lal , who is involved in case crime no.1093 of 2017 under Sections 452, 376, 511, 354-D, 323, 395, 506 I.P.C. and Section 4 POCSO Act, Police Station-Baradari, DistrictBareilly.
Submission of learned counsel for the applicant is that in the similar set of facts, in respect to the same occurrence, all the coaccused, almost with similar roles, except the present applicant have already been granted bail by co-ordinate Benches of this Court, copies of the bail orders have collectively been annexed at annexure-9 to this application; submission is that applicant is also entitled for bail. It is lastly contended that the accused applicant is languishing in jail since 3.4.2019.
Learned A.G.A has opposed the prayer for bail. However granting bail to co-accused person and parity has not been disputed.
Learned A.G.A has opposed the prayer for bail.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is entitled for bail.
Let the above named applicant involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
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 :- 21.6.2019//Fhd.
1 issue framed by the court
Whether the applicant accused of serious offences including rape and sexual offences against children is entitled to bail by parity with co-accused.
3 provisions across 3 enactments
Panni Lal
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Umesh Kumar
Parties & counsel
