Surjeet v. State of U.P.
Case brief
What is this about?
This court granted bail to the applicant in a third bail application, relying on the fact that a co-accused in identical circumstances had already been enlarged on bail by this Court.
What did the court decide?
Applicant released on bail upon executing a personal bond and furnishing two sureties in the like amount.
What the court decided
Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33966 of 2018
Applicant :- Surjeet Opposite Party :- State Of U.P. Counsel for Applicant :- Narendra Kumar,Rabindra Bahadur Singh Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
The applicant has moved the present third bail application seeking bail in Case Crime No.732 of 2016 ST No.138 of 2017, under Sections 302, 364, 34 IPC PS Munda Pandey District Moradabad. The first bail application of the applicant was rejected by this Court on 8.5.2017 while the second bail application was rejected by this Court vide order dated 13.7.2018 for want of prosecution.
Learned counsel for the applicant submitted that subsequent to rejection of the first bail application co-accused Rajpal Singh has been enlarged on bail by this Court vide order dated 15.11.2017 passed in Criminal Misc. Bail Application No.32203 of 2017. He further submitted that since the role of the applicant is identical to that of the co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Learned counsel for the applicant further submits that the applicant is in jail since 20.11.2016.
The prayer for bail has vehemently been opposed by learned A. G. A. However, he does not dispute the fact that the similarly placed co-accused has been granted bail by this Court.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to bail on the ground of parity since a similarly placed co-accused has been enlarged on bail.
Parties & counsel
- applicant
Surjeet
Coram
Vipin Sinha
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/33966/2018
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