Citation : 2015 Latest Caselaw 1030 ALL
Judgement Date : 7 July, 2015
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23468 of 2015 Applicant :- Moharram Ali @ Pappu Opposite Party :- State Of U.P. Counsel for Applicant :- M.J. Akhtar,V.M. Zaidi Counsel for Opposite Party :- Govt. Advocate Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A. G. A. for the State and perused the record.
It has been contended by learned counsel for the applicant that in the First Information Report, no specific Role has been assigned to the applicants who has been implicated along with other co-accused persons. It is further been submitted by co-accused Irshad has already been enlarged on bail by this Court vide order dated 04.12.2014 passed in Criminal Misc. Bail Application No. 42033 of 2014 copy of which has been brought on record. 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 30.07.2014.
The prayer for bail has 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 .Moharram Ali @ Pappu 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. 305 of 2014, under Sections 147, 148, 149, 436, 307, 332, 353, 153-A, 336, 427 IPC and Section 3/4 of Prevention of Damages of Public Property Act and Section 7 Criminal Law Amendent Act, P.S. Kutub Sher, District Saharanpur.
Order Date :- 7.7.2015
Arshad
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