Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36465 of 2018 Applicant :- Arvind Opposite Party :- State Of U.P.
Counsel for Applicant :- Yatish Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
It is submitted by learned counsel for the applicant that similarly placed co-accused namely, Akhilesh Prajapati and Devendra have already been enlarged on bail by this Court vide orders dated 8.8.2018 and 14.8.2018 passed in Criminal Misc. Bail Application Nos. 29891 of 2018 and 30598 of 2018, copy whereof has been filed as Annexure-6 to the affidavit accompanying the bail application. He further submitted that since the role of the applicant is identical to that of co-accused Akhilesh Prajapati and Devendra who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.
The prayer for bail has vehemently been opposed by learned A.G.A.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A., this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.
In view of the above, let the applicant, Arvind be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 361 of 2018, under Sections 307, 392 and 411 I.P.C., P.S. Kotwali Mahoba, district-Mahoba with the following conditions :-
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 25.9.2018 Faridul