The Court granted bail to the applicant under Sections 302, 201 IPC, citing parity with co-accused, Article 21, and jail overcrowding without adjudicating the merits of the case.
Release on bail in the sum of personal bond plus two sureties each in the like amount subject to standard bail conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:207722
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43542 of 2023
Applicant :- Jitendra Alias Kali Ahirwar Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Jeet Singh,Ran Jeet Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A for the State.
The submission is that co-accused, Harendra Ahirwar and Vivek have already been enlarged on bail vide Criminal Misc. Bail Application Nos. 27411 of 2020 and 10999 of 2021 on 18.12.2020 and 19.2.2021 and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail for the reasons given in bail application of coaccused on the ground of parity. The applicant is in jail since 10.2.2020.
On the other hand learned A.G.A has 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 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.
Let the applicant, Jitendra Alias Kali Ahirwar , involved in Case Crime No. 28 of 2020, under Sections 302,201 IPC, Police Station- Premnagar District- Jhansi, be released on bail on his furnishing a personal bond
and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 31.10.2023
Atul kr. sri.
Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail on grounds of parity with co-accused already released and considering jail overcrowding and the nature of the offence without expressing an opinion on the mer
3 provisions across 3 enactments
Jitendra Alias Kali Ahirwar
Siddharth, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
