Single judge order granting bail to the applicant on grounds of parity and constitutional mandate. The applicant is to furnish a personal bond and two sureties. Bail conditions include non-tampering with evidence and prohibition from similar offences.
Release on bail with personal bond and two sureties subject to specific conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7801 of 2022
Applicant :- Rahamtullah Alias Daddu Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Tiwari,Bhupendra Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A for the State.
The submission is that co-accused, Akhtar Husain, has already been enlarged on bail vide Criminal Misc. Bail Application No. 12676 of 2022 on 7.7.2022 and 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 in jail since 11.9.2021.
On the other hand learned A.G.A has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22, and recent judgement dated 11.7.2022 of the Apex Court in the case of Satendra Kumar Antil Vs. C.B.I., passed in S.L.P. (CRL.) No. 5191 of 2021 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.
Let the applicant, Rahamtullah Alias Daddu, involved in Case Crime No. 737 of 2021, under Section 420 IPC, and section 66-D Information Technology Act Police Station- Hapur Nagar District- Hapur, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 10.8.2022 Atul kr. sri.
Digitally signed by ATUL KUMAR SRIVASTAVA Date: 2022.08.10 18:09:12 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted to the applicant on the ground of parity with an already enlarged co-accused.
Reasons for granting bail without expressing an opinion on the merits of the case.
Colour shows how this judgement treated each authority
3 provisions across 3 enactments
Rahamtullah Alias Daddu
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
