Jubair v. State of U.P.
Case brief
What is this about?
Hearing bail application, the High Court, without expressing opinion on case merits, found the applicant entitled to bail based on parity with a co-accused already released.
What did the court decide?
Release on bail by furnishing a personal bond and two heavy sureties.
What the court decided
Court No. - 49
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27709 of 2022
Applicant :- Jubair Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record.
It is submitted by the learned counsel for the applicant that the co-accused Imran Quraishi has been granted bail by coordinate Bench of this Court vide order dated 14.7.2022 passed in criminal misc. bail application no.27183 of 2022. He further submits that role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail on the ground of parity. It is next contended that the applicant has been falsely implicated in the present case. Alleged offences are not made out against the applicant. Applicant is languishing in jail since 21.5.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Issues for consideration
1 issue framed by the court
Whether the bail application of the applicant merits grant on grounds of parity and falsity of implication.
Parties & counsel
- applicant
Jubair
- respondent
State of U.P.
Coram
Nalin Kumar Srivastava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/27709/2022
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