Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15563 of 2018 Applicant :- Ashok Opposite Party :- State Of U.P.
Counsel for Applicant :- Swatantra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Swatantra Kumar, learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 278 of 2017, under Sections 394, 386 and 307 I.P.C., P.S. Nidhauli Kalan, district-Etah and is in jail since 11.9.2017, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that similarly placed co-accused Pushpendra has already been enlarged on bail by coordinate Bench of this Court vide order dated 12.3.2018 passed in Criminal Misc. Bail Application No. 9214 of 2018. He further submitted that since the role of the applicant is identical to that of co-accused Pushpendra who has 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, Ashok 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. 278 of 2017, under Sections 394, 386 and 307 I.P.C., P.S. Nidhauli Kalan, district-Etah with the following conditions :-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 26.4.2018 Faridul