Banti v. State of U.P.
Case brief
What is this about?
The court allowed a bail application for the applicant based on parity of grounds with a co-accused already released. Conditions for bail were imposed, and expedited trial was directed.
What did the court decide?
Release on bail by furnishing a personal bond and two heavy sureties subject to conditions.
What the court decided
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14539 of 2023
Applicant :- Banti Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Pathak Counsel for Opposite Party :- G.A.,Shishu Pal Sharma
Hon'ble Krishan Pahal,J.
- List has been revised.
- Heard Sri Ajay Kumar Pathak, learned counsel for the applicant, Sri Shishu Pal Sharma, learned counsel for the first informant as well as Sri Rohit Dubey, learned A.G.A. for the State and perused the record.
- Applicant seeks bail in Case Crime No. 91 of 2022 (Sessions Trial No. 2736 of 2022) under Sections 147, 148, 149, 307, 302, 504, 506 IPC and 7 Criminal Law Amendment Act, Police Station Vijaygarh, District Aligarh, during the pendency of trial.
- It is submitted by learned counsel for the applicant that similarly placed co-accused person, Raju has already been enlarged on bail by this Court vide order dated 4.4.2023 passed in Criminal Misc. Bail Application No. 13537 of 2023. The applicant is languishing in jail since 28.8.2022 having no criminal history. He further submitted that since the role of the applicant is identical to that of co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.
Issues for consideration
1 issue framed by the court
Whether bail can be granted on the ground of parity with a similarly placed co-accused who has already been released on bail.
Parties & counsel
- applicant
Banti
- respondent
State of U.P.
Coram
Krishan Pahal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/14539/2023
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