Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13896 of 2018 Applicant :- Ashok And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Raj Bahadur Verma,Ashish Kumar Mishra,Swati Agrawal Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State and perused the material on record.
By means of this application, the applicants who are involved in Case Crime No. 163 of 2017, under Sections 147, 148, 149, 323, 452, 504, 506 and 307 I.P.C., P.S. Amritpur, district-Farrukhabad and are in jail since 6.3.2018, are seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicants that similarly placed co-accused namely, Vilok and Pintu have already been enlarged on bail by co-ordinate Bench of this Court vide order dated 18.1.2018 passed in Criminal Misc. Bail Application No. 49481 of 2017. He further submitted that since the role of the applicants is identical to that of co-accused, Vilok and Pintu who have already been enlarged on bail, they are 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. However, the aforesaid factual aspect of the matter has not been disputed by him.
Considering the submissions made by learned counsel for the applicants as well as learned A.G.A., this Court is of the view that the applicants have made out a case for grant of bail on the ground of parity.
In view of the above, let the applicants, Ashok, Kare and Sanjay be released on bail on their executing personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 163 of 2017, under Sections 147, 148, 149, 323, 452, 504, 506 and 307 I.P.C., P.S. Amritpur, district-Farrukhabad with the following conditions :-
1. The applicants will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. They will not tamper with the witnesses.
3. They will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 31.5.2018 Faridul