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Allahabad High Court
Suhail vs State Of U.P. on 29 January, 2010

   Criminal Misc. Bail Application No. 28943 of 2009
                Suhail Vs. State of U.P.

Hon. Ravindra Singh, J.

Heard Sri K.K. Dwivedi, learned counsel for the applicant,
learned A.G.A. for the State of U.P., Sri Ali Hasan, Sri Ishtiyaq Ali,
learned counsel for the complainant and perused the record.

It is contended by learned counsel for applicant that
applicant is not named in the FIR. The deceased has not been
recovered. There is no direct eye witness account, no transaction
of ransom has taken place. During investigation the statement of
Rafiquddin has been recorded who disclosed the name of the
applicant and other co-accused person. The deceased was seen in
the company of the applicant and co-accused Raja, but the co-
accused Raja has been released on bail by the another bench of
this court on 8.9.2009. The applicant is in jail since 14.5.2009
and nothing incriminating has been recovered from the possession
of the applicant or at his pointing out.

In reply of the above condition, it is submitted by learned
A.G.A. and learned counsel for the complainant that the name of
the applicant has come into the light during investigation. The
applicant and other co-accused had committed the murder of the
deceased. But it is admitted that co-accused Raja has been
released on bail.

Considering the submissions made by learned counsel for the
applicant, learned A.G.A., learned counsel for the complainant and
from the perusal of the record it appears that the case of the
applicant is based on the same footing with case of the co-accused
Raja who has been released on bail by the another bench of the
court on 8.9.2009 in criminal Misc. Bail Application No. 23695 of
2009, therefore, the applicant is also entitled to get the benefit of

parity and without expressing any opinion on the merits of the
case, the applicant is entitle to be released on bail.

Let the applicant Suhail involved in case crime no. 7 of 2009
under Sections 364-A, 302, 201 I.P.C., P.S. Kotwali, District Agra
be released on bail on his furnishing a personal bond and two
heavy sureties each in the like amount to the satisfaction of the
Court concerned with the following conditions:

1. That the applicant shall not temper with the evidence.

2. That applicant shall report to the police station concerned
in the first week of each month to show his good conduct
and behaviour.

In default, the bail granted to the applicant shall be deemed
cancelled and he shall be taken into custody forthwith.

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