Amir v. State of U.P.
Case brief
What is this about?
High Court allowed bail application of applicant charged under IPC sections 395, 397, 120-B, 34 and Cow Slaughter Act, granting relief on the ground of parity as a similarly placed co-accused had already been granted bail.
What did the court decide?
Bail granted on personal bond with two sureties, subject to conditions against tampering with evidence and mandatory appearance for framing of charge and recording of statement u/s 313 Cr.P.C.
What the court decided
Neutral Citation No. - 2023:AHC:228135
Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50289 of 2023
Applicant :- Amir Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kamal Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
- Heard Sri Mahendra Kumar, learned Advocate holding brief for Sri Raj Kamal, learned counsel for the applicant and Sri R.P. Patel, learned A.G.A. for the State and perused the material placed on record.
- Applicant seeks bail in Case Crime No. 202 of 2023, U/S 395, 397, 120-B, 34 IPC and u/s 3/5A/8 of Cow Slaughter Act, Police Station Kotwali Dehat, District Etah, during the pendency of trial.
- It is submitted by learned counsel for the applicant that similarly placed co-accused person, Rinku Singh has already been enlarged on bail by this Court vide order dated 18.8.2023 passed in Criminal Misc. Bail Application No. 33694 of 2023. The applicant is languishing in jail since 22.8.2023 having criminal history of one case, which stands explained. The applicant is not a previous convict. 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-accused?
Parties & counsel
- applicant
Amir
- respondent
State of U.P.
Coram
Krishan Pahal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/50289/2023
Similar cases
Judgements on the same questions, provisions and authorities, from every court