ITEM NO.17 COURT NO.3 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 1649/2024
(Arising out of impugned final judgment and order dated 05-10-2023 in CRMBA No. 7598/2023 passed by the High Court of Judicature at Allahabad)
ARUN YADAV Petitioner(s)
VERSUS
THE STATE OF UTTAR PRADESH Respondent(s)
(IA No. 20451/2024 – EXEMPTION FROM FILING O.T.)

Date : 01-03-2024 This matter was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE B.R. GAVAI
HON’BLE MR. JUSTICE SANDEEP MEHTA
For Petitioner(s) Mr. T. N. Singh, AOR
Mr. Vikas Kumar Singh, Adv.
Ms. Rajshree Singh, Adv.

For Respondent(s) Ms. Garima Prasad, Sr. Adv, A.A.G.
Mr. Rajat Singh, AOR
Ms. Nazish Fatima, Adv.
Mr. Sarthak Chandra, Adv.
Mr. Arun Pratap Singh Rajawat, Adv.
UPON hearing the counsel the Court made the following
O R D E R
1. Learned senior counsel for the respondent/State vehemently opposes the petition.
2. In the present petition by way of the impugned order, the learned Judge has rejected the application for regular bail filed by the petitioner herein.
3. However, it is to be noted that by two earlier orders, one in Crl. Misc. Bail Application No.52214 of 2021 filed by accused- Tarun, the accused has been released on regular bail vide order dated 24.07.2023, and the another accused-Salekchand @ Sallu also filed Crl Misc. Bail Application No.31662/2023, which was also been allowed vide order dated 26.07.2023.

4. In the impugned order though there is reference of the bail granted to the other two co-accused, the application of the petitioner herein was rejected only on the ground that his earlier application was rejected by the very same Judge.

5. Though the allegations against the petitioner herein are almost similar with those against the co-accused, who have already been released on bail, there is not even a whisper in the impugned order as to why the petitioner herein deserves a different treatment.

6. Taking into consideration the nature of allegation and similarity of the nature of allegation against the petitioner herein and the other co-accused, who have been granted bail, we are inclined to allow this petition.

7. The petitioner is directed to be released on bail in connection with Sessions Trial No. 259/2022, to the satisfaction of the Trial Court.

8. The special leave petition is, accordingly, disposed of.

9. Pending application(s), if any, shall stand disposed of.
(NARENDRA PRASAD) (ANJU KAPOOR)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)