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2023 Supreme(All) 343

KRISHAN PAHAL
Babar Khan – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Atul Srivastava, Mohd. Farooq.

JUDGMENT :

1. Heard Sri Mohd. Farooq, learned counsel for the applicant and Sri Nitin Kesarwani, learned A.G.A. for the State as well as perused the record.

2. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 146 of 2022, under Sections 379, 411, 414, 420, 467, 468, 471 IPC, and 3 of Prevention of Damages to Public Property Act, Police Station Anpara, District Sonbhadra, with a prayer to enlarge him on anticipatory bail.

3. At the very outset, learned counsel for the applicant has stated that the applicant has the apprehension of his arrest and has claimed parity with the co-accused Sobat Singh @ Subhash Singh Vishtha, who has already been granted anticipatory bail by another Bench of this Court in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. 9982 of 2022 vide order dated 15.11.2022. Since the case of the applicant is at par with the co-accused who has already been granted anticipatory bail, the applicant is also entitled for the same on the ground of parity.

4. The prayer for anticipatory bail has been vehemently opposed by learned AGA. However, the aforesaid factual aspect of the parity to the co-accused has not

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