The Court allowed a bail application filed by Vakeel, granting release on bond and sureties solely on the ground of parity with co-accusedes who were already released by coordinate benches, without commenting on the merits of the case.
Applicant released on bail furnishing a personal bond and two sureties with standard conditions for trial conduct.
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Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38090 of 2021
Applicant :- Vakeel Opposite Party :- State of U.P. Counsel for Applicant :- Rajiv Sisodia Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. 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 during trial in connection with Case Crime No. 163 of 2021 under Sections 459, 380 and 411 I.P.C. registered at P.S.Sadar Bazar, District- Saharanpur.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in this case. He has not committed the alleged offence. Co-accused, Monu @ Arvind Mittal, Mohd Hasim and Julphukkar have been granted bail by coordinate Benches of this Court in Crl. Misc. Bail Application Nos. 24073 of 2021 and 23855 of 2021 on 29.07.2021 and 17.08.2021 and applicant has claimed parity with the co-accused who have been granted bail. Further submitted that the applicant is languishing in jail since 21.06.2021.
Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the facts as raised by the learned counsel for the applicant.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
In view of the above, without commenting upon merits of the case, a case for bail is made out on the ground of parity.
Accordingly, the bail application is allowed.
Let the applicant Vakeel involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court
concerned with the following conditions:-
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 16.12.2021 A. Mandhani
1 issue framed by the court
Whether bail is admissible in view of parity with co-accusedes granted bail by coordinate benches.
1 provisions across 1 enactments
Vakeel
Anil Kumar Ojha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
