Amit Agarwal
A single Judge Bench of Justice Mohd. Faiz Alam Khan has granted bail to one Karan on the ground of parity. The applicant is accused under sections 201 and 302 of the Indian Penal Code (‘IPC’).
Background of the Case
The father of the deceased lodged an F.I.R. in this case on 14.07.2019 at 7:11 hours at Police Station Kotwali, District Barabanki, against three persons named Sarvesh, Karan (applicant) and Sahajram stating therein that the instant applicant and co-accused Sarvesh had taken the deceased with them on 12.07.2019 at about 5:00 pm. When the deceased did not return, a search was launched, but he could not be traced. Later his dead body was found on 14.07.2019 on the banks of river Rate. Subsequently, the dead body of the named accused person, Sarvesh, was also found on 15.07.2019 on the bank of the same river.
After the investigation, the investigating officer exonerated the accused, Sahajram. Based only on confessional statements recorded while the accused persons were in the custody of the police, the charge sheet was filed against the instant applicant- Karan and co-accused, Vinay Yadav.
The only evidence available against the applicant is his confessional statement and the co-accused’s confessional statement, namely Vinay Yadav. Another bench of this Court had granted the co-accused bail vide order dated 18.06.2020 passed in Bail No. 10149 of 2019, but the applicant had been languishing in jail in this case since 19.07.2019.
The bench, while granting bail, went on to observe that apart from the confessional statement of the instant applicant and other co-accused, there is no evidence against the applicant.
The co-accused, Vinay Yadav, was already released on bail by another Bench of the Court. The court considered the case similar to that of other co-accused and hence granted bail to the applicant on the ground of parity.
The applicant was represented by advocates Pradeep Kumar Rai, Prakarsh Pandey, Praveen Kumar Shukla and Akansha Dubey.
Case no.: : CRIMINAL MISC. BAIL APPLICATION No. – 385 of 2020