Brijesh Kumar vs State Of U.P.
2014 Latest Caselaw 2115 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 25
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6217 of 2014
 

 
Applicant :- Brijesh Kumar
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- J.N. Singh,Arimardan Singh
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Vipin Sinha,J.

Counter affidavit filed in Court today is taken on record.

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

Learned counsel for the applicant submitted that the co-accused Anil Kumar has already been enlarged on bail by this Court vide order dated 28.5.2014 passed in Criminal Misc. Bail Application No. 10079 of 2014. He further submitted that since the role of the applicant is identical to that of the co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Learned counsel for the applicant further submits that the applicant is in jail since 17.9.2013.

The prayer for bail has vehemently been opposed by learned A. G. A. However, he does not dispute the fact that the similarly placed co-accused has been granted bail by this Court.

Considering the submissions made by learned counsel for the applicant as well as learned A. G. A. and the fact that identically placed co-accused has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.

In view of the above, let the applicant Brijesh Kumar be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in  Case Crime No. 185 of 2013, under Sections 363, 364 I.P.C., P.S. Talgram, District Kannauj.

Order Date :- 28.5.2014

Kuldeep/