The Single Judge granted bail to the applicant invoking parity with a co-accused. The court observed that the applicant was not named in the FIR and expressed a view that he had made a case for bail after referencing an Apex Court dictum, without deciding merits of inducement.
Applicant released on personal bond and two sureties.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48790 of 2019
Applicant :- Raj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Pramod Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Pramod Kumar Srivastava, learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
It has been contended by the learned counsel for the applicant that the applicant is not named in the F.I.R. The other accused Vinod Kumar has been granted bail by this Court vide order dated 6.11.2019 in Criminal Misc. Bail Application No. 47140 of 2019, copy of which has been appended, 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. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 12.09.2018.
On the other hand learned A.G.A. has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties 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.
Let the applicant Raj Kumar , involved in Case Crime No. 281 of 2019, under Sections 147, 148, 149, 307, 323, 504, 506 IPC, Police Station- Sarai Akil, District- Kaushambi 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.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 13.11.2019
RPD
2 issues framed by the court
Whether the applicant is entitled to bail on the ground of parity with another accused who has already been granted bail.
Whether the applicant has made out a case for bail considering the nature of the offence and available evidence.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶8
Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 · Who else cites this
1 provisions across 1 enactments
Raj Kumar
State of U.P.
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
