Shamim v. State of U.P.
Case brief
What is this about?
This is a bail application where the High Court granted bail to the applicant on the grounds of parity, as co-accused had already been released on bail by the same Court. The application was allowed with conditions.
What did the court decide?
Release on bail with personal bond and two sureties subject to conditions preventing tampering of evidence and ensuring court attendance.
What the court decided
Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18324 of 2022
Applicant :- Shamim Opposite Party :- State of U.P. Counsel for Applicant :- Salman Ahmad,Saqib Meezan Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant with the prayer to enlarge him on bail in Case Crime No. 29 of 2022, under Sections 379, 411, 414 IPC, Police Station-Civil Lines, District Muzaffar Nagar.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. It is submitted that the allegations made against the accused-applicant are similar and identical to the co-accused Shakir and Mudassir, who have already been released on bail by this Court vide orders dated 25.04.2022 & 08.04.2022 passed in Criminal Misc. Bail Application Nos.10050 of 2022 & 7700 of 2022. Accordingly, the applicant is also entitled for bail on the ground of parity. It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may otherwise misuse the liberty of bail and the applicant is in jail since 17.01.2022.
Learned A.G.A. has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant that co-accused have already been released on bail.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail on grounds of parity with co-accused already released.
Whether the present case is a fit case for granting bail.
Parties & counsel
- applicant
Shamim
- respondent
State of U.P.
Coram
Saurabh Lavania
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/18324/2022
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