Rakshpal vs State Of U.P.
2016 Latest Caselaw 6599 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35757 of 2016
 

 
Applicant :- Rakshpal
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Pawankumar Dubey
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Vipin Sinha, J.

Heard learned counsel for the applicant and learned AGA for the State.

The present bail application under Section 439 Cr.P.C. has been filed on behalf of the applicant for enlarging him on bail in Case Crime No. 226 of 2016, under Section 366 I.P.C, Police Station ? Sindhauli, District ? Shahjahanpur.

Learned counsel for the applicant submitted that similarly placed co-accused ? Dharm Veer has been granted bail by this Court vide order dated 22.09.2016 passed in Criminal Misc. Bail Application No. 32851 of 2016 - (Dharm Veer Vs. State of U.P) and the applicant whose role is identical of that co-accused - Dharm Veer.    He has also submitted that name of the applicant has been implicated on the basis of statement given by victim - Anita Devi, under Section 164 Cr.P.C, copy of which is annexed as annexure - 05 to this bail application.

He lastly submitted that the applicant who has no criminal antecedents to his credit and is in jail since 28.06.2016 is entitled to be enlarged on bail on the ground of parity during the pendency of his 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 co-accused ? Dharm Veer has been granted bail by this Court, the applicant is also entitled to be released on bail on the ground of parity.

Let the applicant ? Rakshpal 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. 226 of 2016, under Section 366, Police Station - Sindhauli, District - Shahjahanpur.

Order Date :- 20.10.2016

Vinod.