Single-judge Criminal Misc. Bail Application allowed granting bail to the applicant by analogy with a co-accused granted bail, despite serious allegations involving murder and rioting.
The applicant was granted bail subject to furnishing a personal bond and two reliable sureties to the satisfaction of the court concerned.
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. - 2024:AHC-LKO:15790
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1740 of 2024
Applicant :- Salman Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. Counsel for Applicant :- Sandeep Yadav,Naved Ali Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Supplementary affidavit filed today in Court is taken on record.
2. Heard learned counsel for the applicant; Sri Wali Nawaz Khan, learned counsel who appears for the informant as well as learned AGA and perused the record.
3. The accused-applicant seeks bail in Case Crime No.0295 of 2023 under sections 147, 148, 149, 302, 307, 120-B IPC and Section 7 Criminal Law (Amendment) Act, P.S. Kotwali Dehat, District Sultanpur.
4. It is argued that the role assigned to the applicant was similar to that of co-accused who has been enlarged on bail vide order dated 06.02.2024 passed in Bail No.1009 of 2024. As regards the criminal antecedents, the same is duly explained in the supplementary affidavit filed today.
5. Considering the present case and the fact that the specific role of firing was assigned to one Siraj, the co-accused, and considering the similarity of role of applicant with the coaccused who has been enlarged on bail by this Court, the applicant is entitled for the bail on the ground of parity. Thus the bail application is allowed .
6. Let the applicant Salman be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties of each of the like amount to the satisfaction of the court concerned with the following conditions:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
7. It is, however, directed that the trial shall be concluded with all expedition.
Order Date :- 22.2.2024 nishant
Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether bail should be granted to the applicant on the ground of parity with a co-accused enrolled on bail.
Whether the applicant, after being released on bail, must furnish a personal bond and sureties.
2 provisions across 2 enactments
Salman
State Of U.P. Thru. Prin. Secy. Home, Lko.
Pankaj Bhatia
Nishant
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
