This bail application has been filed seeking the release of the applicant on bail in Case Crime No. 256 of 2011, under Sections 379, 328, 411, 419, 420 I.P.C., Police Station Gopiganj, District Sant Ravidas Nagar (Bhadohi).
Heard learned counsel for the applicant and learned A.G.A.
Perused the record.
The sole submission raised by counsel for the applicant is that the co-accused Pradeep @ Vinod Yadav @ Rajesh Yadav has been granted bail by another Bench of this Court on 7.12.2012 and, therefore, the applicant should also be released on bail on the ground of parity as there is no difference in the allegations made against the applicant and the co-accused who has already been released on bail.
Learned A.G.A. has opposed the prayer for bail and submitted that the very first distinguishable feature against the applicant is that the applicant is having a long criminal history of nine cases which include the cases of Gangsters Act, cases of theft, cases of robbery and cases under N.D.P.S. Act etc. Submission is that in view of the recent Apex Court's decision given in Criminal Appeal No. 1272 of 2015, Neeru Yadav Vs. State of U.P. and another, delivered on 29.10.2015 by Hon'ble Dipak Misra, J. and Hon'ble Prafulla C. Pant, J., it cannot be said that for an accused who is having a long criminal history, the principles of parity should necessarily be applied. Further submission is that the fact of criminal history is itself a distinguishing feature and therefore, on the principles of parity alone, the applicant cannot be granted bail as the same does not apply.
Looking to the nature of offence, its gravity and the evidence in support of it and the overall circumstances of this case, this Court is of the view that the applicant has not made out a case for bail. Therefore, the prayer for bail of the applicant is rejected.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case Order Date :- 5.1.2016 Rmk.