The High Court ordered the release of the applicant on bail in connection with a murder case, granting relief on the ground of parity with other co-accused already enlarged on bail, without delving into the merits.
Release on bail on the ground of parity by executing personal bond and furnishing two reliable sureties.
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| SL. No |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
|---|---|---|---|
| BA1 No.1456 of 2021 Hon’ble R.C. Khulbe, J. Mr. Lalit Sharma, learned counsel for the applicant. Ms. Shivangi Gangwar, learned B.H. for the State. Accused–Afzal has sought his release on bail in connection with Case Crime/FIR No.401 of 2020, u/s 147, 149, 302 IPC, registered at P.S. Vikas Nagar, Distt. Dehradun. It is argued that the accused has been falsely implicated; he is languishing in jail since 11.10.2020; there is no evidence against him; the statements of star witnesses have been recorded and they have been declared hostile; co-accused Saad Alam, Mohsin, Faizan, Abdul Kadir and Kranti Singh Chauhan have already been enlarged on bail by this Court; he is ready to furnish the sureties; and he may be granted bail on parity. Per contra, learned counsel for the State opposed for bail but fairly admitted that the above co-accused have been enlarged on bail. In the present matter, the accused is languishing in jail since 11.10.2020, the statements of star witnesses have been recorded and they have been declared hostile; the above co-accused have already been enlarged on bail; accordingly, without going into merits of the case, it is a fit case for bail at this stage on parity. Accordingly, bail application is allowed and the applicant is directed to be released on bail on the ground of parity on his executing personal bond and furnishing two reliable sureties in the like amount, to the satisfaction of the Court concerned. |
| disp sup with |
Pending osed of. Let a ce plied to the in 24 hours |
applic rtified learned , as per |
ation, if any, sta copy of this order counsel for the applic rules. |
nds be ant |
|---|---|---|---|---|
| BS | (R.C. Khulbe, J.) 02.08.2021 |
1 issue framed by the court
Whether the applicant is entitled to bail on the ground of parity with co-accused enlarged on bail?
Afzal
State
R.C. Khulbe
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
