In this bail application, the High Court of Uttarakhand allowed the release of the accused-applicant on bail, invoking the principle of parity since a co-accused had already been released on bail by the same court.
Accused-applicant released on bail by executing a personal bond and furnishing two local reliable sureties.
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.
HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 18th October, 2013
First Bail Application No.1264 of 2013 Order on the bail application of accused
CRIMINAL SIDE
Umesh Kashyap … Applicant
versus
State of Uttarakhand … Respondent
Mr. Ahrar Baig, Advocate with Mrs. Nishat Intezar, Advocate for the applicant. Mr. Sudhir Kumar Chaudhary, Additional G.A. for the respondent State.
Hon’ble U.C. Dhyani, J. (Oral)
An F.I.R. bearing case crime no.132 of 2013 was lodged against the applicant for the offences punishable under Sections 395, 397, 412 IPC & Section 4/25 Arms Act in Police Station Rudrapur, District Udham Singh Nagar.
Heard learned counsel for the parties, considered the grounds taken in the bail application and perused the documents on record.
Accused-applicant is in jail since 03.03.2013. Learned counsel for the applicant submitted that the applicant is ready to furnish local reliable sureties, if he is granted bail. Learned counsel for the applicant further submitted that it is a case of parity, in as much as co-accused Naseem has already been enlarged on bail by this Court in B.A. No.1022/2013, vide , order dated 02.09.2013.
-2-
Considering the above facts and circumstances, a case of bail is made out in favour of the present applicant on the basis of parity. The bail application is allowed. Let the accused-applicant be released on bail on his executing a personal bond and furnishing two local reliable sureties, each of the like amount to the satisfaction of the Chief Judicial Magistrate, Udham Singh Nagar.
Dated 18th October, 2013 Rawat
1 issue framed by the court
Whether bail should be granted to the accused-applicant on the basis of parity with a co-accused released on bail earlier.
Colour shows how this judgement treated each authority
B.A. No.1022/2013, vide, order dated 02.09.2013Referred¶11
Umesh Kashyap
State of Uttarakhand
U.C. Dhyani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
