Arjun vs State Of U.P.
2016 Latest Caselaw 2874 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45139 of 2015
 
Applicant :- Arjun
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Abhilasha Singh,Ashutosh Yadav,Shyam Lal
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Abhai Kumar, J.

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

This is second bail application of the accused - applicant.

First bail application was dismissed by order passed by Hon'ble Bachchoo Lal, J. in Criminal Misc. Bail Application No. 30363 of 2015 on 25.08.2015.  The second bail application was released by him vide order dated 23.02.2016, thereafter the matter has come up before this Court.

The submissions made by learned counsel for the applicant is that the co-accused - Vikram has been granted bail by this Court on 19.11.2015 in Criminal Misc. Bail Application No. 19612 of 2015 after the rejection of the fist bail application of the accused, so on the ground of parity, the present accused-applicant is also entitled for bail.

The first bail application was dismissed on merits and since then circumstances have not changed. The only fact that is submitted regarding the bail of co-accused person, who has been granted after the rejection of  the first bail application, on that basis, parity is claimed.

I do not think that bail on parity is a right of accused. First bail application has been dismissed on merit then bail of co-accused has been allowed, can not make the basis of allowing the second bail application of an accused.

Seen the facts and reasons mentioned above, I do not find any good ground for granting the bail to the applicant-accused in Case Crime No. 205 of 2015 under Sections 363, 366, 376 (D), 342, 323 I.P.C I.P.C & Section 5/6 POCSO Act, Police Station Vijay Nagar, District Ghaziabad. Hence the second bail application of accused - Arjun is liable to be rejected.

The second bail application is rejected accordingly.

Order Date :- 20.05.2016.

Vinod.