Akash Kumar @ Akku vs State of Haryana

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2470

ANOOP CHITKARA
Akash Kumar @ Akku – Appellant
Versus
State of Haryana – Respondent

Advocates Appeared:
Mr. Vinod Gupta, Advocate; For the Petitioner
Mr. Rajat Gautam, D.A.G., Haryana.

JUDGMENT

Anoop Chitkara, J.

FIR No.	Dated	Police Station	Sections
50	16.02.2021	Baldev Nagar, Ambala	302, 148, 149, 307, 323, 324, 452, 506 IPC

The petitioner, incarcerating upon his arrest in the FIR captioned above, came up before this Court under Section 439 of Code of Criminal Procedure, 1973 (CrPC) seeking bail.

2. In paragraph 11 of the bail petition, the accused declares that he has no criminal antecedents.

3. Petitioner's counsel has drawn attention of this court to bail order of similarly placed co-accused CRM-M-13175-2022 (Annexure P-2) passed by this court. Counsel for petitioner claims bail on the grounds of parity and does not press on merits.

4. State does not dispute the fact that the allegations against the petitioner are not more severe than co accused who was granted bail.

Reasoning:

5. As per paragraph 5 of the bail petition, the petitioner is in custody since 11.05.2021. Perusal of the order dated 14.10.2022 vide which co accused was granted bail covers petitioner's case on the grounds of parity for the reasons that they are identically placed. It is appropriate to reproduce paragraph of this order.

"The petitioner has been in custody sin