In a bail application under Section 304, 506, 504, 147, 323, and 336 IPC, the Allahabad High Court allowed the applicant's release on bail by granting parity with a co-accused who had already been enlarged on bail.
Released on bail on a personal bond with two sureties of Rs. 20,000 each alongside 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. - 2024:AHC-LKO:58001
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9085 of 2024
Applicant :- Moin And Another Opposite Party :- State Of U.P. Thru. Prin Secy. Home Lko. Counsel for Applicant :- Anurag Singh Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicants, learned AGA and perused the record.
2. The applicants seek enlargement on bail in FIR No.111 of 2024,, under Section 304, 506, 504, 147, 323, 336 of IPC P.S. Hargaon, District Sitapur.
3. Learned counsel for the applicants argues that co-accused was enlarged on bail vide order dated 25.07.2024 and the allegations against the applicant were similar to the said co-accused. In the case against the applicant, the recovery allegedly shown is not in the presence of independent witnesses.
4. Learned AGA has opposed the bail application.
5. Considering the fact that the co-accused has been enlarged on bail and the allegations against the applicant are similar to the said co-accused, the applicants are entitled to be enlarged on bail on the ground of parity. In view thereof, the application is allowed.
6. Let the applicants Moin and Saddam be released on bail in aforesaid FIR number on their furnishing a personal bond with two sureties of Rs.20,000/each to the satisfaction of court concerned with the following conditions:
(a) The applicants shall execute a bond to undertake to attend the hearings; (b) The applicants shall not commit any offence similar to the offence of which they are accused or suspected of the commission; and
(c) The applicants 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.
Order Date :- 27.8.2024 nishant
Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant is entitled to enlargement on bail under the principle of parity of treatment on bail.
Moin
Saddam
Pankaj Bhatia
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
