Shobhit Yadav vs State Of U.P.
2018 Latest Caselaw 1409 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30323 of 2016
 

 
Applicant :- Shobhit Yadav
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Bal Ram Gupta
 
Counsel for Opposite Party :- G.A.,B.S. Dwivedi,D.K. Singh
 

 
Hon'ble Bala Krishna Narayana,J.

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

By means of this application, the applicant who is involved in Case Crime No. 156 of 2016, under Section 302/201 I.P.C., P.S.- Akbarpur, District- Kanpur Dehat, is seeking enlargement on bail during the trial.

It is submitted by learned counsel for the applicant that similarly placed co-accused, Vinod Kumar Rathore has already been enlarged on bail by this Court vide order dated 22.05.2018 passed in Criminal Misc. Bail Application No. 19214 of 2018. He further submitted that since the role of the applicant is identical to that of co-accused, Vinod Kumar Rathore who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.

The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of the matter has not been disputed by him.

Considering the submissions made by learned counsel for the parties, this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.

In view of the above, let the applicant, Shobhit Yadav 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. 156 of 2016, under Section 302/201 I.P.C., P.S.- Akbarpur, District- Kanpur Dehat, subject to the following conditions:-

(a) The applicant shall attend the court according to the conditions of the bond executed by him.

(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

Order Date :- 6.7.2018

KS