Rahul v. State of U.P.
Case brief
What is this about?
High Court granted bail to applicant Rahul in a criminal case under Sections 323, 504, 308, 304 IPC, primarily on the ground of bail parity with co-accused, without expressing an opinion on the merits of the case.
What did the court decide?
Applicant released on bail subject to furnishing personal bond and two local sureties.
What the court decided
Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10108 of 2022
Applicant :- Rahul Opposite Party :- State of U.P. Counsel for Applicant :- Indra Kumar Singh Counsel for Opposite Party :- G.A., Ajay Kumar Mishra
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 307 of 2021, under Sections 323, 504, 308, 304 IPC, Police Station - Jaithra, District - Etah with the prayer to enlarge the applicant on bail.
At the very outside it is submitted that this is a case of bail parity.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and has been falsely implicated in the present case. It is submitted that the present accused applicant deserves bail on the ground of parity with co-accused Nanhe as well as Omkar who have already been admitted to bail by other coordinate Benches of this Hon'ble High Court, photocopies of their bail orders submitted by learned counsel for applicant during the course of hearing are taken on record of this bail application. It is further submitted that the role assigned to the present accused is similar and identical to the role assigned to other co-accused persons, who have already been granted bail by this Court and therefore, the present applicant is also entitled to the relief of bail. Lastly, it is argued that the applicant is in jail since 04.07.2021 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to bail on the ground of parity with co-accused who have already been granted bail.
Parties & counsel
- applicant
Rahul
Coram
Ajit Singh
Lal Bahadur Yadav
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/10108/2022
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