Sadab v. State of U.P.
Case brief
What is this about?
In a bail application under Section 439 CrPC, the court allowed the release of the applicant, Sadab, on the ground of parity with coaccused who had already been granted bail by coordinate benches, imposing standard conditions.
What did the court decide?
Release on bail with a personal bond and two sureties subject to standard conditions.
What the court decided
Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41576 of 2021
Applicant :- Sadab Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Akbar Shah Alam Khan 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. 285 of 2021 under Section 3/5A/8 of Cow Slaughter Act & Section 11 of Animal Cruelty Act, registered at P.S.- Achhnera, DistrictAgra.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in this case. Coaccused, Nadeem and Arjun Sharma have been granted bail by coordinate Benches of this Court in Crl. Misc. Bail Application Nos. 41492 of 2021 and 41629 of 2021 on 10.12.2021 and 14.12.2021 and applicant has claimed parity with the coaccused who has been granted bail. Further submitted that the applicant is languishing in jail since 22.08.2021.
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.
Issues for consideration
1 issue framed by the court
Whether the applicant qualifies for bail on grounds of parity with coaccused already released?
Parties & counsel
- applicant
Sadab
- respondent
State of U.P.
Coram
Anil Kumar Ojha
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/41576/2021
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