Citation : 2016 Latest Caselaw 6597 ALL
Judgement Date : 20 October, 2016
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 2 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35756 of 2016 Applicant :- Bobby Opposite Party :- State Of U.P. Counsel for Applicant :- Manoj Yadav Counsel for Opposite Party :- G.A. Hon'ble Vipin Sinha, J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present bail application under Section 439 Cr.P.C has been filed by the applicant in Case Crime No. 224 of 2016 under Sections 395, 412 I.P.C, Police Station - Etmadpur, District - Agra, with the prayer to enlarge the applicant on bail.
I have perused the prosecution story as set up in the F.I.R and also the bail rejection order.
Learned counsel for the applicant further submitted that similarly placed co-accused - Smt. Neeraj and Smt. Neha have been granted by the court below vide order dated 12.07.2016 and 26.07.2016 respectively passed in Criminal Misc. Bail Application No. 710 of 2016 - (Smt. Neeraj Vs. State of U.P) and in Criminal Case No.753 of 2016 - (Smt. Neha Devi Vs. State of U.P) and the applicant whose role is identical of that co-accused Smt. Neeraj and Smt. Neha Devi.
He lastly submitted that the applicant who has no criminal antecedents to his credit and is in jail since 07.07.2016 is entitled to be enlarged on bail on the ground of parity during the pendency of their trial.
The prayer for bail has been vehemently opposed by learned A. G. A.
Considering the submission made by learned counsel for the applicant and the fact that the similarly placed Smt. Neeraj and Smt. Neha Devi have been granted bail by the court below, the applicant is also entitled to be released on bail on the ground of parity.
Let the applicant ? Bobby 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. 224 of 2016, under Sections 395, 412 I.P.C, Police Station - Etmadpur, District - Agra.
Order Date :- 20.10.2016.
Vinod.
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