High Court granted bail to an applicant in a rape-related case invoking parity with a co-accused already released on bail. The applicant was ordered to execute a personal bond with two sureties under standard conditions.
Applicant released on bail by executing personal bond and furnishing two sureties with specified conditions.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9137 of 2021
Applicant :- Puppu Pal Opposite Party :- State of U.P. Counsel for Applicant :- Siya Ram Verma Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant, Puppu Pal, who is involved in Case Crime No. 429 of 2020, under Sections 376D, 506 IPC, P.S. Bidhnoo, District - Kanpur Nagar and is in jail since 24.09.2020, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that similarly placed co-accused, Shamsher Pal, has already been enlarged on bail by this Court by order dated 27.10.2021 passed in Criminal Misc. Bail Application No. 8521 of 2021. He has further submitted that since the role of the applicant is identical to that of co-accused, Shamsher Pal, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.
The prayer for bail has vehemently been opposed by learned A.G.A.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A., this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.
In view of the above, let the applicant be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before he is accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 26.9.2022 Rohit
Digitally signed by ROHIT DAS Date: 2022.09.26 17:29:24 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail on the ground of parity granted to a similarly placed co-accused.
Colour shows how this judgement treated each authority
Shamsher Pal Bail ApplicationReferred¶7
Criminal Misc. Bail Application No. 8521 of 2021
Puppu Pal
State of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Siddharth
Parties & counsel
