Imran v. State of U.P.

Court No. - 70

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5002 of 2021

Applicant :- Imran Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Tyagi Counsel for Opposite Party :- G.A.

Hon'ble Ali Zamin,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 266 of 2020, under Sections 457, 380, 411 IPC, Police Station Kotwali Dehat, District Bijnor.

Learned counsel for the applicant submits that the case of applicant is as par with the co-accused Ahmad has been granted bail by co-ordinate Bench of this Court vide order dated 19.1.2021 in Criminal Misc. Bail Application No. 3774 of 2021, therefore, the applicant is entitled for bail on the ground of parity. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and he is languishing in jail since 23.11.2020.

Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact that coaccused has already been released on bail.