Court No. 71 granted bail to Rahul Singh in a case involving Sections 380, 411 IPC pending in Court No. Kotwali Karvi, District Chitrakoot, citing parity with a co-accused and referencing Dataram Singh v. State of U.P.
Applicant released on bail through personal bond and two sureties to the satisfaction of the court concerned.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15615 of 2021
Applicant :- Rahul Singh @ Rajoo Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Singh,Birendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, Sri Sanjay Singh, learned AGA-I, appearing for the State and perused the material brought on record.
It has been contended by the learned counsel for the applicant that the coaccused Jitendra Varma having similar role has been granted bail by this Court vide order dated 17.05.2021 in Criminal Misc. Bail Application No. 16833 of 2021, a copy of said order has been produced by the learned counsel for the applicant, 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. The applicant was falsely implicated in three other criminal cases in which this Hon'ble court was pleased to grant bail in all the criminal cases. The applicant is in jail since 06.12.2020.
Learned A.G.A. has vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let applicant- Rahul Singh @ Rajoo , be released on bail in Case Crime No. 325 of 2020, under Sections- 380, 411 IPC, Police Station- Kotwali Karvi, District- Chitrakoot, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 16.7.2021 Arti
2 issues framed by the court
Whether bail should be granted to the applicant on the ground of parity with a co-accused who was already granted bail.
Whether the applicant satisfies the requirements of bail considering the nature of accusation and prima facie satisfaction of courts.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶8
Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 · Who else cites this
Rahul Singh @ Rajoo
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
