Chhotu Kumar vs State Of U.P.
2011 Latest Caselaw 4747 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30345 of 2010
 

 
Petitioner :- Chhotu Kumar
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Prabha Shankar Pandey,Brijesh Kumar Tripathi
 
Respondent Counsel :- Govt Advocate
 

 
Hon'ble Ashok Srivastava,J.

Counter affidavit has been filed by learned A.G.A. which is taken on record.

This bail application has been moved on behalf of applicant Chhotu Kumar, who is involved in Case Crime No. 198 of 2009, under Sections 364-A, 302, 201 I.P.C., Police Station Narhi, District Ballia.

Heard learned counsel for the applicant and learned A.G.A. for the State and perused the materials on record.

It has been submitted from the side of the applicant that the applicant is in jail since 02.12.2009; that the applicant is innocent and has committed no offence; that the co-accused of this case namely Pradeep Kumar has been granted bail on merits on 15.11.2010 in Crl. Misc. Bail Application No. 31651 of 2010, photostat copy has been produced by learned counsel for the applicant which is taken on record. It has also been submitted that the case of the applicant is similar to that of co-accused person who has been granted bail on merits and, thus the applicant is also entitled to be released on bail.

It has been fairly conceded by learned A.G.A. that the case of the applicant is at par with the case of the co-accused person, reference whereof has been given above.

In the circumstances mentioned above, I am of the view that on the principle of parity the applicant should be released on bail.

Let the applicant, Chhotu Kumar, who is involved in Case Crime No. 198 of 2009, under Sections 364-A, 302, 201 I.P.C., Police Station Narhi, District Ballia be released on bail on his furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the court concerned.

Order Date :- 20.9.2011

S.B.