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2009 Supreme(All) 3011
2011 (72) ACC 83
ALLAHABAD HIGH COURTLUCKNOW BENCH
S.N.H. ZAIDI, J.
ISHWARDIN – Applicant
Versus
STATE OF U.P. – Respondent
Criminal Misc. Case No. 5587 (B) of 2009
Decided on : August 27, 2009.
Counsel for the Applicant : Ashok KumarSingh.
Counsel for the Opposite Party : A.G.A.
Grant of bail based on parity with co-accused and considering the circumstances of the case
Headnote:
Bail - Criminal Law - Grant of Bail based on parity
Fact of the Case:
The applicant and four others were accused of beating the deceased, but the complainant was not an eyewitness and the alleged eyewitness did not specify the applicant's role. The applicant had no criminal history and had been in jail since 2009.
Finding of the Court:
The court considered the nature of the accusation, severity of punishment, reasonable apprehension of tampering with witnesses, prima facie satisfaction regarding proposed evidence, and genuineness of the prosecution case. Based on the ground of parity, the court granted bail to the applicant.
Issues: Nature of accusation, severity of punishment, reasonable apprehension of tampering with witnesses, prima facie satisfaction regarding proposed evidence, genuineness of the prosecution case
Ratio Decidendi: Grant of bail based on parity with co-accused and considering the circumstances of the case
Final Decision: The applicant involved in Case Crime No. 121 of 2009, under sections 147 and 302, I.P.C. Police Station Kakori, District Lucknow, was granted bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned.
S.N.H. ZAIDI, J.-Counter-affidavit filed by the leamed A.G.A. is taken on record.
2. Heard learned Counsel for the applicant, learned A.G.A. for the State and perused the record.
3. It has been contended that the applicant and four others have been assigned the general role of beating the deceased in the F.I.R but the complainant is not the eye-witness of the incident and the alleged eye-witness Smt. Phoolmati has not assigned any specified role to the applicant. It is also contended that neither in the report nor in the statement of the witnesses any weapon has been assigned to the applicant and co-accused Manna Lal Pasi, Ram Lal and Rajeshwari, who are similarly placed with the applicant have been admitted to bail by this Court as well as by the Sessions Court. It is pointed out that applicant is in Jail since 27.2.2009 and he has no criminal history.
4. Learned A.G.A. has, however, opposed the bail. The points pertaining to the nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.
5. In view of the above circumstances and on the ground of parity, the applicant appears entitled for bail.
6. Let applicant Ishwardin, involved in Case Crime No. 121 of 2009, under sections 147 and 302, I.P.C. Police Station Kakori, District Lucknow, be enlarged on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned.
Bail Granted.
