Govind v. State of U.P.
Case brief
What is this about?
Held the applicant, charged under Section 376-D IPC, entitled to bail as his case is at par with a co-accused already granted bail, adhering to principles of equal treatment under Articles 14 and 15 of the Constitution.
What did the court decide?
Released Govind on bail with a personal bond and two sureties.
What the court decided
Neutral Citation No. - 2023:AHC:201030
Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3306 of 2023
Applicant :- Govind Opposite Party :- State of U.P. Counsel for Applicant :- Ardhendu Shekhar Sharma,Ram Babu Sharma Counsel for Opposite Party :- G.A.,Mahendra Singh
Hon'ble Sameer Jain,J.
- Heard Sri Ram Babu Sharma, learned counsel for the applicant, Sri Mahendra Singh, learned counsel for the informant and Sri Santosh Nigam, learned AGA for the State.
- The instant bail application has been filed on behalf of the applicant seeking release on bail in Case Crime No. 129 of 2021 under section 376-D IPC, Police Station Zarif Nagar, District Budaun.
- Learned counsel for the applicant submits that this is second bail application filed on behalf of the applicant and first bail application of the applicant was dismissed by this Court on 06.01.2022 and he is pressing the instant application on the ground that after rejection of the first bail application, co-accused Sumit has been enlarged on bail by this Court on 18.10.2022 vide order passed Crl. Misc. Bail Application No. 41680 of 2022. He produced the aforesaid bail order during the course of argument which is taken on record and marked as 'A'.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail on the ground of parity with a co-accused already granted bail and its custody is to persons in similar circumstances.
Whether equal treatment of accused under Articles 14 and 15 of the Constitution justifies releasing the applicant on bail despite a prior rejected bail application.
Parties & counsel
- applicant
Govind
- respondent
State of U.P.
Coram
Sameer Jain
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/3306/2023
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