Abrar v. State of U.P.
Case brief
What is this about?
In a bail application challenging false implication, the court discharged the applicant on bail subject to personal bond and two sureties.
What did the court decide?
The applicant is released on bail on execution of personal bond and furnishing two sureties each to the satisfaction of the court concerned.
What the court decided
Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31535 of 2022
Applicant :- Abrar Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kamal Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Gajendra Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By means of this application, the applicant, Abrar, who is involved in Case Crime No. 276 of 2022, under Sections-147, 148, 149, 353, 186 & 307 I.P.C., Police Station-Izzatnagar, District-Bareilly and is in jail since 12.04.2022, is seeking enlargement on bail during the trial.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case and applicant is not named in the present F.I.R.; no specific role has been assigned to the applicant; nothing has been recovered from the possession of the applicant; he has not committed any offence as alleged in the impugned F.I.R.; the applicant has no concern with the stolen vehicle as alleged by the prosecution. It is further submitted that similarly placed co-accused, Mohd. Ivran , has already been enlarged on bail by this Court by order dated 9.9.2022 passed in Criminal Misc. Bail Application No.38671 of 2022. He has further submitted that since the role of the applicant is identical to that of co-accused, Mohd. Ivran , who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. It is further submitted that the applicant is languishing in jail since 12.04.2022, and in case of being released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to grant of bail during trial.
Whether parity with co-accused enlarging on bail entitles the applicant to similar relief.
Parties & counsel
- applicant
Abrar
Coram
Gajendra Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/31535/2022
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