Shadab v. State of U.P.

Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19469 of 2019

Applicant :- Shadab Opposite Party :- State of U.P. Counsel for Applicant :- Amar Jeet Upadhyay Counsel for Opposite Party :- G.A.

Hon'ble Ajit Singh,J.

Heard learned counsel for the applicant, Sri Utkarsh Pandey, learned counsel for the informant, learned A.G.A. for the State and perused the material on record.

By means of this application, the applicant who is involved in Case Crime No. 802 of 2017, under Sections 376D, 420 and 506 I.P.C., P.S. Partapur, district-Meerut and is in jail since 24.1.2019, is seeking enlargement on bail during the trial.

As per First Information Report the present accused Shadab and his brother-in-law Shahnawaz have committed rape with the complainant and other co-accused Imrana and Javed have facilitated the present accused and co-accused Shahnawaz.

It is submitted by learned counsel for the applicant that applicant has married the complainant and he has been falsely implicated in the present case due to some ulterior motive. He next submitted that similarly placed co-accused Shahnawaz has already been enlarged on bail by coordinate Bench of this Court vide order dated1.3.2019 passed in Criminal Misc. Bail Application no. 8933 of 2019, copy whereof has been filed as Annexure-7 to the affidavit accompanying the bail application. He further submitted that since the role of the applicant is identical to that of Shahnawaz who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.