B.K.RATHI
SALIM – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent
( 1 ) THE first bail application of the applicant was rejected on 8-8-2001. Second bail application of the applicant was rejected on 24-7-2002. This is the third application for bail.
( 2 ) I have heard Shri Brij Raj Singh, learned counsel for the applicant and the AGA.
( 3 ) THE case of prosecution in brief is that two boys were kidnapped and the applicant and other two accused demanded a ransom of Rs. 6 lacs for their return. Accordingly, time and place for payment and return of boys was fixed. The applicant and two other accused reached at the appointed time where they were arrested and the two kidnapped boys were recovered at their pointing out.
( 4 ) THIS bail application has been pressed on the ground that other co-accused of this case Shamshul has already been released by Honble Mr. Justice Imtiyaz by order dated 14-3-20002. That allegation against the applicant are identical and therefore he is entitled to bail on the ground of parity.
( 5 ) THE learned counsel for the applicant in support of the argument has referred to several cases.
( 6 ) THE first case is a Division Bench decision of this Court in Nanha v. State of U. P. 1993 All Cri C 281 : (1994 All LJ
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