Criminal Miscellaneous Bail Application allowed on the ground of parity. The applicant, languishing in jail, was granted bail since a co-accused with an identical role was already enlarged on bail, without expressing an opinion on the merits of the case.
Applicant released on bail on furnishing a personal bond and two sureties.
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Neutral Citation No. - 2023:AHC:235676
Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51276 of 2023
Applicant :- Shahid @ Sem Opposite Party :- State of U.P. Counsel for Applicant :- Inder Pal Singh Tomar,Anjali Singh Tomer Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
submissions made by learned counsel for the parties, the evidence on record, pending trial and in light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgement passed by the Apex Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021, without expressing any opinion on the merits of the case, this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity. The bail application is allowed on the ground of parity.
(i) The applicant shall not tamper with evidence.
(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 13.12.2023 Ravi Kant
(Krishan Pahal, J.)
Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail on the ground of parity with a co-accused who has already been granted bail.
Colour shows how this judgement treated each authority
Shahid @ Sem
Krishan Pahal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
