This Court allowed a bail application filed by Akhtar Husain in a case under Section 420 IPC and Section 66-D of the IT Act, citing parity with co-accused already granted bail and observing the applicant made out a case for bail.
release of the applicant on bail on furnishing a personal bond and two sureties in equal amounts subject to conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12676 of 2022
Applicant :- Akhtar Husain Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard Sri Rajesh Kumar Tiwari, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 737 of 2021, registered under Section 420 I.P.C. and Section 66-D of Information Technology Act, Police Station Hapur Nagar, District Hapur during pendency of the trial.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to mala fide intention. FIR has been lodged against unknown person. On information received from informer, six persons were arrested. He next argued that out of six persons, four coaccused persons have been granted bail by co-ordinate Bench of this Court, copy of bail orders have been annexed as Annexure 6 to the affidavit. Applicant having same role as of the coaccused, hence, he is also entitled for bail on the ground of parity. The applicant is languishing in jail since 05.10.2021. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Akhtar Husain , who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following
conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 7.7.2022 Nitin Verma
Digitally signed by NITIN KUMAR VERMA Date: 2022.07.08 10:50:06 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail on grounds of parity with co-accused granted bail and nature of offence.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶9
(2018) 3 SCC 22 · Who else cites this
2 provisions across 2 enactments
Akhtar Husain
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
