Rajeev v. State of U.P.

RESERVED ON 19.10.2022 DELIVERED ON 1.11.2022

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9231 of 2020 Applicant :- Rajeev Opposite Party :- State of U.P. Counsel for Applicant :- Krishnaji Khare,Anuj Srivastava,Ravendra Singh Counsel for Opposite Party :- G.A.,Vivek Dhaka Hon'ble Siddharth,J.

Heard Shri Anuj Srivastava, learned counsel for the applicant; Shri Vivek Dhaka, learned counsel for the informant and learned A.G.A for the State.

The submission is that co-accused, Sachin has already been enlarged on bail vide Criminal Misc. Bail Application No. 9820 of 2020 by order of date 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 8.8.2018. The applicant has criminal history of six cases, which have been explained in paragraph- 2 of the supplementary affidavit.

On the other hand learned A.G.A and learned counsel for the informant have 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, considering 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 judgment dated 11.07.2022 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 considering 5-6 times overcrowding in jails over and above their capacity by the under trials 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.