Irfan v. State of U.P.
Case brief
What is this about?
The High Court allowed bail to the applicant holding that he made out a case for its grant on the ground of parity with a co-accous already enlarged on bail in a similarly placed case.
What did the court decide?
Released on bail with a personal bond and two sureties, subject to conditions regarding attendance and no adjournment requests.
What the court decided
Neutral Citation No. - 2023:AHC:99729
Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19512 of 2023
Applicant :- Irfan Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
- List has been revised.
- Heard Sri Neeraj Srivastava, Advocate holding brief of Sri Ajay Kumar Srivastava, learned counsel for the applicant, Sri Nitin Kesharwani, learned A.G.A. for the State and perused the material placed on record.
- Applicant seeks bail in Case Crime No.0125 of 2022, under Sections 457, 380 and 411 I.P.C., Police Station Jahanganj, District Farrukhabad, during the pendency of trial.
- It is submitted by learned counsel for the applicant that similarly placed co-accused person Rajaram has already been enlarged on bail by this Court vide order dated 16.03.2023 passed in Criminal Misc. Bail Application No.3744 of 2023. The criminal history assigned to the applicant stands explained as he has been enlarged on bail in four cases and four cases have been instituted against him at the time of arrest in the present matter. There is no previous criminal history of the applicant. The applicant is languishing in jail since 11.09.2022. 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 the applicant is entitled to bail on the ground of parity with a co-accous already enlarged on bail in a similarly placed case.
Parties & counsel
- applicant
Irfan
- respondent
State of U.P.
Coram
Krishan Pahal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/19512/2023
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