In CO No. 885 of 2020, the High Court granted bail to the applicant Pankaj Sharma in the said criminal case, recognizing the principle of parity based on the bail granted to a co-accused and invoking Article 21.
Released on bail subject to personal bond, two sureties, and specific conditions including no tampering with evidence and cooperation in trial.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 885 of 2020
Applicant :- Pankaj Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar Vishvakarma Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard Sri Ajay Kumar Pandey and Sri Arun Kumar Vishvakarma, learned counsels for the applicant and learned AGA.
The instant bail application has been filed on behalf of the applicant, Pankaj Sharma with a prayer to release him on bail in Case Crime No. 93 of 2019, under sections 120B, 201, 394, 411 IPC, Police Station Barhan, District Agra, during pendency of trial.
Learned counsel for the applicant has contended that the co-accused, Yogesh @ Moola, has been granted bail by this Court on 11.12.2019 in Criminal Misc. Bail Application No. 55106 of 2019. 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 04.6.2019.
Learned AGA has opposed the prayer for bail, but does not dispute the claim of parity.
Having considered the material on record, 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, let the applicant involved in the aforesaid crime 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 :-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 10.6.2020 Ruchi Agrahari
1 issue framed by the court
Whether the applicant is entitled to bail on grounds of parity vis-a-vis a co-accused already granted bail.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherExplained¶9
Dataram Singh Vs. State of U.P. and another, (2018) 3 SCC 22 · Who else cites this
Pankaj Sharma
Siddharth
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Siddharth
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