The Allahabad High Court granted bail to an applicant III narcotics charge on the ground of parity, as a co-accused with an identical role was already enlarged on bail by this Court in a similar case.
Applicant released on bail on executing a personal bond and furnishing two sureties.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16940 of 2022
Applicant :- Brijesh Opposite Party :- Union of India Counsel for Applicant :- Manoj Kumar Tripathi Counsel for Opposite Party :- Ashish Pandey
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Sri Ashish Pandey, learned counsel for the informant and learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant, Brijesh, who is involved in Case Crime No. 28 of 2018, under section 8/20/27A/29 N.D.P.S. Act, Police Station Vaidpura, District Etawah and is in jail since 18.12.2018, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that similarly placed co-accused, Sarvesh Kumar, has already been enlarged on bail by this Court by order dated 15.7.2022 passed in Criminal Misc. Bail Application No. 15036 of 2022. He has further submitted that since the role of the applicant is identical to that of co-accused, Sarvesh Kumar, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.
The prayer for bail has vehemently been opposed by learned A.G.A.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A., this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.
In view of the above, let the applicant be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before he is accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 2.8.2022 Rohit
Digitally signed by ROHIT DAS Date: 2022.08.02 13:55:33 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail on the ground of parity with a co-accused already released on bail.
Brijesh
Union of India
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
