Rashid v. State of U.P.

Court No. - 71

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20951 of 2021

Applicant :- Rashid Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Zakir Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Counter affidavit filed on behalf of State and supplementary affidavit filed on behalf of applicant both are taken on record.

Heard learned counsel for the applicant, learned AGA, 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 Sakib having similar role has been granted bail by this Court vide order dated 13.09.2021 in Criminal Misc. Bail Application No. 19623 of 2021, a copy of said orders 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 is in jail since 27.02.2021. Criminal history of the applicant has properly been explained in para 4 to the supplementary affidavit.

Learned A.G.A. has vehemently opposed the prayer.

Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.