Single judge allowed bail application of applicant charged with murder and throwing acid, citing parity with co-accound released on bail and lack of criminal antecedence, ordering release on bonds and sureties.
Release from custody on furnishing personal bond and two sureties of Rs.20,000/- each.
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Neutral Citation No. - 2024:AHC-LKO:61107
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9516 of 2024
Applicant :- Suhel Khan @ Baba Opposite Party :- The State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Chetan Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.
2 . The applicant seeks enlargement on bail in FIR No.80 of 2024, under Sections 302, 201, 34 IPC, Police Station Naveen Modern Police Thana, Shrawasti, District Shrawasti.
3 . It is argued by the Counsel for the applicant that on the same allegation, the co-accused Taarif has been enlarged on bail by this Court vide order dated 30.08.2024.
4. Learned A.G.A. vehemently opposed the bail prayer.
5. Considering the fact that the allegations against the applicant to be similar to the co-accused, who has been enlarged on bail coupled with the fact that the applicant has no criminal antecedents and is languishing in jail since 30.06.2024, I am of the view that the applicant is entitled to be released on bail on the ground of parity. Accordingly, the bail application is allowed .
6. Let the applicant Suhel Khan @ Baba be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each 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.
Order Date :- 5.9.2024 akverma
Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant is entitled to bail on grounds of parity with a co-accused released on bail for similar allegations.
Whether the applicant's lack of criminal antecedents warrants grant of bail.
Suhel Khan @ Baba
Pankaj Bhatia
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
