Allahabad High Court
Jaideep & Another vs State Of U.P. on 26 February, 2016
Bench: Arvind Kumar Tripathi, Vijay Prakash Pathak
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 42 Case :- CRIMINAL APPEAL No. - 1686 of 2010 Appellant :- Jaideep & Another Respondent :- State Of U.P. Counsel for Appellant :- J.S.P. Singh,Ashutosh Dwivedi,Jitendra Kumar Shishodia,Nazrul Islam Jafri,R.K.Singh Counsel for Respondent :- Govt. Advocate,S.K. Upadhyaya Hon'ble Arvind Kumar Tripathi,J.
Hon'ble Vijay Prakash Pathak,J.
Heard Mr. N.I. Jafri and Mr. Jitendra Kumar Shishodiya, appeared on behalf of applicants/appellants and Mr. Mahendra Singh Yadav, learned A.G.A. and perused the record.
This is the second bail application. The first bail application was rejected on 16.05.2012 by the coordinate Bench of this Court in which one of us (Hon'ble V.P. Pathak, J.) was a member.
Subsequently, the second bail application of co-accused Malkhan was allowed by the coordinate Bench of this Court in which one of us (Hon'ble V.P. Pathak, J.) was a member.
Learned counsel for the applicants/appellants submitted that 12 bore gun was recovered on the same date from Veer Singh, hence, it appears that he was the main shooter and recovery of country-made pistol was shown which was 315 bore. Apart from that they have completed more than nine and a half year in jail and as such he is entitled for bail on the ground of parity.
Learned A.G.A. has vehemently opposed the aforesaid prayer for bail.
In view of above facts, considering the nature of allegation and offence, without expressing any opinion on merit, it is a fit case for bail.
Let the applicants Jaideep and Pushpendra be enlarged on bail on their furnishing a personal bond with two heavy local sureties each in the like amount to the satisfaction of Court concerned in S.T. No. 716 of 2006 (State Vs. Beer Singh and others) arising out of Case Crime No. 72 of 2006, under Sections 148, 452, 307/149, 302/149 I.P.C., P.S. Nanauta, District Saharanpur.
Order Date :- 26.2.2016 M/A.