Shankar v. State of U.P.

Court No. - 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35674 of 2019

Applicant :- Shankar Opposite Party :- State Of U.P. Counsel for Applicant :- Jai Prakash Singh Counsel for Opposite Party :- G.A.

Hon'ble Siddharth,J.

Co-accused Rambaran has been granted bail by this Court vide order dated 20.7.2016 passed in Criminal Misc. Bail Application No. 24306 of 2016, 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 4.2.2019, who is not a previous convict.

Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India 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, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

Let the applicant, Shankar involved in Case Crime No. 261 of 2016 (S.T. No. 359 of 2017), under Sections 363, 366 IPC Police Station Nigohi, District- Shahjahanpur 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.