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2014 (9) TMI 1283 - HC - Indian LawsSeeking enlargement on bail during the trial - bail sought on the ground of parity - HELD THAT - This Court is of the view that the applicant has made out a case for grant of bail on the ground of parity. Let the applicant Mitthan Yadav 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. 237 of 2013 under sections 147 148 149 302 307 394 411 454 506 120B and 34 I.P.C. P.S. Kavinagar district-Ghaziabad with the conditions imposed - application allowed.
Issues: Bail application based on parity
The judgment by the High Court of Allahabad involved a bail application by the applicant, who was involved in Case Crime No. 237 of 2013 under various sections of the Indian Penal Code. The applicant sought bail during the trial, citing the bail granted to a co-accused, Ashok Kumar, as a ground for parity. The applicant had been in jail since March 22, 2013. The applicant's counsel argued that since the role of the applicant was identical to that of the co-accused who had been granted bail, the applicant should also be enlarged on bail on the ground of parity. The learned Additional Government Advocate (A.G.A.) vehemently opposed the bail application, highlighting the applicant's long criminal history. In response, the applicant's counsel explained the criminal history of the applicant in the affidavit accompanying the bail application. After considering the arguments from both sides, the Court found that the applicant had made out a case for the grant of bail based on parity with the co-accused who had already been enlarged on bail. Consequently, the Court ordered the release of the applicant, Mitthan Yadav, on bail upon executing a personal bond and providing two sureties to the satisfaction of the concerned court. The bail was granted under specific conditions, including the applicant's attendance at court as per the bond and refraining from influencing witnesses or tampering with evidence directly or indirectly. In conclusion, the High Court of Allahabad granted bail to the applicant, Mitthan Yadav, in Case Crime No. 237 of 2013, based on the principle of parity with a co-accused who had already been enlarged on bail. The Court considered the arguments presented by both the applicant's counsel and the Additional Government Advocate, ultimately deciding in favor of granting bail to the applicant.
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