Arshad v. State of Up
Case brief
What is this about?
High Court granted bail to Arshad in a drug-related case, citing parity with a co-accused already released on bail. The court imposed strict conditions regarding appearance in court and trial proceedings.
What did the court decide?
Released on personal bond and two sureties subject to conditions of presence at trial dates and no abuse of bail.
What the court decided
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21503 of 2021
Applicant :- Arshad Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Pandey Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No. 288 of 2020, under Sections 8/18 N.D.P.S.Act, at Police Station Titavi, District Muzaffar Nagar.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. The applicant is in jail since 8.10.2020.
It is further contended that similarly placed co-accused Arif has already been granted bail by this court vide orders dated 30.9.2021 in Criminal Misc. Bail Application No. 20756 of 2021 therefore the applicant is also entitled for bail on the ground of parity.
I have perused the bail order of the co-accused and find that the role assigned to the present applicant is almost similar to that of co-accused person, who has already been granted bail by this Court.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail grant considering parity with co-accused and totality of circumstances.
What conditions should be imposed on the applicant to secure his presence during trial.
Parties & counsel
- applicant
Arshad
Coram
Shekhar Kumar Yadav
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/21503/2021
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