Sabir v. State of U.P.
Case brief
What is this about?
Single judge allowed bail application to Sabir in a murder trial. Bail granted on grounds of parity with a co-accused and due to prolonged custody, despite gravity of offence.
What did the court decide?
Applicant released on bail on furnishing personal bond and two sureties. Bail cancellable on breach of conditions.
What the court decided
Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32674 of 2018
Applicant :- Sabir Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Kr. Srivastava,Ajay Kr. Srivastava Counsel for Opposite Party :- G.A.,Kandarp Srivastava,Kaustubh Srivastava
Hon'ble Aniruddha Singh,J.
None is present on behalf of the complainant even in the revised list/call.
Heard learned counsel for the applicant, Sri K.P. Tiwari (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against ten accused persons, namely, Mojam, Imamuddin, Abdulla, Rahman, Abdul, Sabir, Bhure, Jabir, Yunus and Ajam alleging that on 10.5.2018 they assaulted Dilshad. He received one head injury caused by Abdul Salam and died.
Learned counsel for the applicant submitted that co-accused Rahman has been enlarged on bail by this Court vide order dated 28.2.2019 in Criminal Misc. Bail Application No. 8756 of 2019 and the case of the applicant is identical to the case of coaccused who has been enlarged on bail; hence the applicant is also entitled to bail on the ground of parity. The applicant is languishing in jail since 21.5.2018 (more than nine months) one case of criminal history has been properly explained. The applicant is innocent and has been falsely implicated in the present case. The role of knife was assigned to the applicant but no incised wound was found on the body of the deceased. There is cross case also, which was registered as Case Crime No. 188 of 2018, under Sections 147, 148, 323, 325 and 504 I.P.C. There is no eye witness account against the applicant. There is no independent witness against the applicant and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the applicant on grounds of parity with a co-accused already released on bail.
Whether the applicant, despite being implicated in an offence punishable with life imprisonment, is entitled to bail after nine months of custody.
Parties & counsel
- applicant
Sabir
Coram
Aniruddha Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAIL/32674/2018
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