Single judge allowed bail to Mithlesh Singh on parity grounds as his co-accused was on bail, despite not being named in the FIR, directing personal bonds and sureties.
Applicant released on bail in Crime No.1187 of 2011 with personal bond and two sureties of Rs.20,000/- each.
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Neutral Citation No. - 2024:AHC-LKO:35996
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1848 of 2024
Applicant :- Mithlesh Singh @ Ratnesh Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko Counsel for Applicant :- Mahendra Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
been granted bail on 6.11.2017 and the present case is of the year 2011 coupled with the fact that the applicant is not named in the F.I.R., as such the applicant on the ground of parity having criminal history of two cases which were lodged after lodging of the present offence, without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail on the ground of parity.
6. Accordingly, the bail application is allowed.
(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 :- 9.5.2024
Shukla
Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether the applicant, not named in the FIR but linked via a co-accused on bail, is entitled to bail on grounds of parity and criminal history?
Whether the applicant can be released on bail ensuring attendance and non-interference with investigation?
Whether the bail aids issued in a 1992 FIR (Case Crime No.1187 of 2011) against unknown persons should be granted?
Mithlesh Singh @ Ratnesh Singh
State Of U.P. Thru. Prin. Secy. Deptt. Home Lko
Pankaj Bhatia
Ashutosh Kumar Shukla
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
