Firasat v. State of U.P.
Case brief
What is this about?
Application for bail granted to applicant Firasat based on principle of parity with co-accused who was already released and due to prolonged incarceration. Trial concluded within one year.
What did the court decide?
Released on bail with personal bond and two sureties subject to specified conditions of conduct and attendance.
What the court decided
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6425 of 2018
Applicant :- Firasat Opposite Party :- State of U.P. Counsel for Applicant :- Syed Hasan Shaukat Abidi Counsel for Opposite Party :- G.A.,Araf Khan,Lihazur Rahman Khan,Zafar Abbas
Hon'ble Siddharth,J.
Heard learned counsel for the applicant; learned counsel for the informant; learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Firasat, with a prayer to release him on bail in Case Crime No.384 of 2017, under Sections 147, 307, 302, 452/34, 436 I.P.C., Police Station Mundha Pandey, District Moradabad during pendency of trial.
Learned counsel for the applicant has contended that the coaccused, Sharafat, has been granted bail by this Court on 7.7.2022 in Criminal Misc. Bail Application No.14715 of 2018. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 24.6.2017.
Learned AGA and learned counsel for the informant have opposed the prayer for bail, but do not dispute the claim of parity.
Regarding long incarceration of under trials prisoners in jail due to delay in conclusion of trial, the Hon'ble Apex Court in re: Union of India vs. K.A. Najeeb reported in AIR 2021 Supreme Court 712 has held in Para 16 of the judgment being reproduced herein below as follows :-
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail on the ground of parity with a co-accused?
Whether bail should be granted considering the long period of incarceration and jail overcrowding under Article 21?
Parties & counsel
- applicant
Firasat
Coram
Siddharth
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/6425/2018
Similar cases
Judgements on the same questions, provisions and authorities, from every court