High Court of Judicature at Allahabad
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Satya Prakash Handa And Others v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 10595 of 2006  RD-AH 10619 (12 June 2006)
Hon'ble (Mrs.) Saroj Bala,J.
This is an application for bail moved on behalf of the applicants Satya Prakash Handa, Aner Singh Yadav and Chandra Prakash indicted in case crime No. 38 of 2006 under sections 147, 148, 149, 307, 302, 435, 332, 353 I.P.C. and Section 7 of Criminal Law Amendment Act P.S. Bidhuna District Auraiya.
Heard learned counsel for the applicants, learned A.G.A. and have perused the record.
The learned counsel for the applicants submitted that the co-accused Satish Pal and Shiv Prasad have been enlarged on bail by the orders of this court dated 23.5.2006 and 25.5.2006 passed in Criminal Misc. Bail Applications No. 9195 of 2006 and 9995 of 2006 respectively and the applicants being placed in similar circumstances are entitled to bail on ground of parity.
The learned A.G.A. submitted that all the applicants belong to different districts and there was no occasion for them to assemble with arms at Maya Guest House situated in District Auraiya.
I have taken into consideration the submissions advanced on behalf of both the parties.
The allegations of opening fire on the police party from illicit fire arms and the riffles have been made against all the accused persons named in the First Information Report. No specific allegation has been made against the applicants. The case of the applicants is analogous to that of co-accused Satish Pal and Shiv Prashad. In view of these facts, I consider it to be a fit case for bail.
Let the applicants Satya Prakash Handa, Aner Singh Yadav and Chandra Prakash indicted in case crime No. 38 of 2006 under sections 147, 148, 149, 307, 302, 435, 332, 353 I.P.C. and Section 7 of Criminal Law Amendment Act P.S. Bidhuna District Auraiya be enlarged on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
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