High Court of Judicature at Allahabad order: BAIL No. - 1040 of 2015 at Lucknow : Shakeel (Second Bail) Vs. State Of U.P.

 
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Allahabad: High Court of Judicature at Allahabad has issued the following order:

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

Court No. - 28

Case :- BAIL No. - 1040 of 2015

Applicant :- Shakeel (Second Bail)

Opposite Party :- State Of U.P.

Counsel for Applicant :- Bhoopal Singh

Counsel for Opposite Party :- Govt. Advocate

Hon'ble Surendra Vikram Singh Rathore,J.

This is second bail application. The first bail application was rejected by this Court for want of prosecution.

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

The applicant is involved in Case Crime No. 219 of 2014, under Sections 147, 302, 504 & 506 I.P.C., Police Station Bazar Khala, District Lucknow.

This bail application is being pressed on the ground of parity as co-accused Laddan alias Asgar Ali and Chhotakkey alias Riyaz having similar allegation against them, have already been granted bail by this Court vide order dated 6.1.2015 passed in Criminal Misc. Case No. 8621 (B) of 2014 and 8622 (B) of 2014. Therefore, the present applicant is also entitled to get bail on the ground of parity.�

Learned A.G.A. has, however, opposed the prayer for bail but he has admitted that the evidence available against the applicant is at par with that of co-accused Laddan alias Asgar Ali and Chhotakkey alias Riyaz, who have already been granted bail by this Court. He has not reported any adverse criminal history against the applicant.

Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

Let applicant (Shakeel) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-

(i) The applicant shall file an undertaking to the effect that he shall...

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