The High Court granted bail to the applicant in a cheating and criminal breach of trust case, citing parity with co-accused already released, without expressing an opinion on the merits.
The applicant was released on bail by executing a personal bond and furnishing two sureties each.
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Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18396 of 2022
Applicant :- Hamid Hussain Opposite Party :- State of U.P. Counsel for Applicant :- Zafar Abbas Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 1455 of 2020, under sections 420 and 406 I.P.C., P.S. Majhola, district-Moradabad and is in jail since 4.1.2022, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that similarly placed co-accused Mohd. Gufran and Ishrat Ali have already been enlarged on bail by co-ordinate Benches of this Court vide orders dated 30.11.2021 and 19.5.2022 passed in Criminal Misc. Bail Application nos. 17119 of 2021 and 15629 of 2022, copy of bail order produced by learned counsel for the applicant is taken on record. He further submitted that since the role of the applicant is identical to that of co-accused Mohd. Gufran and Ishrat Ali who have 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. However, the aforesaid factual aspect of the matter has not been disputed by him.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail on the ground of parity during the pendency of the trial.
Let the applicant Hamid Hussain involved in the aforesaid case 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 subject to the following conditions:-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 5.7.2022 Faridul
Digitally signed by FAREEDUL HASAN Date: 2022.07.08 12:07:36 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 similarly placed co-accused who have already been enlarged on bail?
Colour shows how this judgement treated each authority
Data Ram Vs. State of U.P. and othersReferred¶9
Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 · Who else cites this
Hamid Hussain
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Ajit Singh
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