Shiv Saran vs State Of U.P.
2013 Latest Caselaw 7382 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 13
 

 
Case :- BAIL No. - 5408 of 2013
 

 
Applicant :- Shiv Saran
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Ajay Singh
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Anurag Kumar,J.

Counter affidavit filed on behalf of State in Court today, be taken on record.

Heard learned counsel for the applicant, learned A.G.A. and perused the record.

This bail application has been preferred by the accused-applicant, Shiv Saran, who is involved in Case Crime No. 14 of 2013, under Sections 376, 318, 506 I.P.C. P.S.- Khodarey, District-Gonda.

Learned counsel for applicant has submitted that applicant has been falsely implicated in the present case. Co-accused Choudhary Sharma @ Ram Shanker has already been granted bail by Court's order dated 23.10.2013 passed in Criminal Misc. Case No. 5615 (B) of 2013. The case of applicant is similar to that of co-accused. On the ground of parity applicant is also entitled for bail. Applicant is in jail since 10.4.2013 having no criminal history as alleged in paragraph nos. 15 and 16 of the affidavit filed in support of bail application. Request for bail is made.

Learned A.G.A. opposed the contention but conceded on the point of parity.

Considering the submissions made by both the parties and going through the record, without expressing any opinion on the merit of the case, I find it a fit case for bail.

Let applicant, Shiv Saran, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.

Order Date :- 10.12.2013

Prajapati