MANNO LAL JAISWAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 24/8/2021 passed by the High Court of Judicature at Allahabad in Criminal Miscellaneous Bail Application No. 37633/2020, by which the High Court has released respondent No.2 - accused on bail in connection with case Crime No.203/2019 for the offences punishable under Ss. 147, 148, 149, 323, 504, 302, 307 and 34 of the IPC, Police Station Barhaj, District Deoria, Uttar Pradesh, the original informant/complainant - father of the deceased has preferred the present appeal.

(2.) We have heard Shri Varinder Kumar Sharma, learned counsel appearing on behalf of the appellant and Shri Abdul Qadir Abbasi, learned counsel appearing on behalf of respondent No.2 - accused. At the outset, it is required to be noted that by the impugned judgment and order, the High Court has directed to release respondent No.2 - accused on bail on the ground of parity as other co-accused were released on bail. However, it is required to the noted that with respect to very crime case, with respect to other co-accused who were also released on bail by the High Court, by a detailed judgment and order dtd. 25/1/2022 passed in Criminal Appeal No. 97 of 2022, this Court has set aside the order(s) passed by the High Court releasing the co-accused on bail. Even subsequently in the case of one another co-accused, this Court vide order dtd. 31/1/2022 passed in Criminal Appeal No. 145 of 2022 has set aside the order passed by the High Court releasing the co-accused on bail. Therefore, the ground on which the High Court has released respondent No.2 on bail, namely, parity shall not be available.

(3.) In view of the above and for the reasons stated in the judgment and order dtd. 25/1/2022 passed in Criminal Appeal No. 97 of 2022 as well as the subsequent judgment and order passed by this Court dtd. 31/1/2022 in Criminal Appeal No. 145/2022, the present appeal also deserves to be allowed and the impugned order passed by the High Court releasing respondent No.2 on bail deserves to be quashed and set aside.