Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40485 of 2018 Applicant :- Rustam Ali Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishna Dev Mishra,Amar Nath Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
Applicant has moved the present bail application seeking bail in Case Crime No.164 of 2018 u/s 302,201, 120B IPC PS Shivkuti District Allahabad.
Learned counsel for the applicant submitted that in the present case co-accused Neeraj Jaiswal has already been enlarged on bail by this Court vide order dated 11.10.2018 passed in Criminal Misc. Bail Application No. 37879 of 2018. He further submitted that since the role of the applicant is identical to that of the co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Learned counsel for the applicant further submits that the applicant is in jail since 22.5.2018.
The prayer for bail has vehemently been opposed by Sri R.K. Maurya learned A. G. A. However, he does not dispute the fact that the similarly placed co-accused has been granted bail by this Court.
Considering the submissions made by learned counsel for the applicant as well as learned A. G. A. and the fact that identically placed co-accused has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
In view of the above, let the applicant Rustam Ali be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 164 of 2018 u/s 302, 201,120B IPC PS Shivkuti District Allahabad.
However, looking to the role as assigned to co-accused Vipin Yadav his case is being distinguished as on his pointing out the dead body was recovered.
Order Date :- 26.10.2018 SP