Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32370 of 2018 Applicant :- Atendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishna Dutt Awasthi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and 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. 17 of 2018, under Sections 395, 412 I.P.C., P.S. Phaphund, District- Auraiya and is in jail since 29.03.2018, is seeking enlargement on bail during the trial.
The applicant is not named in the F.I.R. and his name has surfaced in the statement of the co-accused. He has criminal history of five cases which is explained in para 23 of the affidavit in support of the bail application. The applicant is in jail since 29.03.2018.
It is further submitted by learned counsel for the applicant that similarly placed co-accuseds, Sanjeev Kumar, Vishnu and Asif, have already been enlarged on bail by this Court by orders dated 16.04.2018 and 16.04.2018 passed in Criminal Misc. Bail Application Nos. 12302 of 2018 and 13821 of 2018. He further submitted that since the role of the applicant is identical to that of co-accuseds, Sanjeev Kumar, Vishnu and Asif, 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, Atendra 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. 17 of 2018, under Sections 395, 412 I.P.C., P.S. Phaphund, District- Auraiya with the following conditions :-
031. The applicant will continue to attend and co- operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He 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 :- 24.8.2018 Rohit