Ruksad v. State of U.P.
Case brief
What is this about?
This order grants bail to the applicant in a case under various sections of IPC involving affray, attempt to murder, and other offences, noting that similarly placed co-accused were already released on bail.
What did the court decide?
Release on bail with personal bond and two sureties, subject to specific conditions to appear in court and not abuse liberty.
What the court decided
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31061 of 2022
Applicant :- Ruksad Opposite Party :- State of U.P. Counsel for Applicant :- Sanjeev Kumar Pandey,Abhilasha Singh,Ashutosh Yadav,Rahul Yadav Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Supplementary affidavit filed on behalf of the applicant, is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No. 118 of 2020, under Sections 147, 148, 149, 323, 504, 506, 302, 307, 452, 34, 120-B IPC, Police Station Raja Ka Rampur, District Etah.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. The applicant is in jail since 1.6.2022.
It is further contended that similarly placed co-accused Afjal and Ansar have already been granted bail by this court vide orders dated 26.7.2022 and 14.11.2022 in Criminal Misc. Bail Application Nos. 31716 of 2022 and 49652 of 2022 therefore the applicant is also entitled for bail on the ground of parity.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving sections 147, 148, 149, 302, 307 IPC given the role of co-accused who were granted bail on the same grounds.
Whether the charge sheet has been filed or the trial concluded in the impugned case.
Parties & counsel
- applicant
Ruksad
Coram
Shekhar Kumar Yadav
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/31061/2022
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