Ayaz v. State of U.P.
Case brief
What is this about?
In a criminal bail application under IPC sections 286, 304, 308, 427 and Explosive Substance Act sections 3/4/5, the court allowed bail for the applicant citing the parity principle as a co-accused was already released on bail.
What did the court decide?
Released on bail to furnish personal bond and two sureties subject to conditions, without sureties pending restoration of normal court functioning.
What the court decided
Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11137 of 2020
Applicant :- Ayaz Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Monis Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A..
The co-accused, Amir, has been enlarged on bail vide order dated 4.03.2020 in Criminal Misc. Bail Application No. 6084 of 2018. The prayer for release of the applicant on bail on the ground of parity has been made. The applicant is languishing in jail since 15.1.2018.
Considering the fact that the identically placed coaccused has already been released on bail by this Court, without expressing any opinion on the merits of the case, the Court is of the view that it is a fit case for bail. The bail application is allowed.
Let the applicant, Ayaz , involved in case crime No. 348 of 2017, under sections 286, 304, 308, 427 I.P.C, and section 3/4/5 of Explosive Substance Act Police Station Maharajpur District Kanpur Nagar 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 with the following conditions that :-
- The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to bail on grounds of parity with a co-accused already released on bail.
Parties & counsel
- applicant
Ayaz
Coram
Siddharth
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · June
- Registered
- Case no.
- BAIL/11137/2020
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