Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39990 of 2019 Applicant :- Atul Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Awadhesh Kumar Malviya Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard 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. 104 of 2019, under Sections 419, 420, 467, 468, 471 I.P.C. and Section 60/63/72 of Excise Act, Police Station Gahmar, District Ghazipur and is in jail since 29.08.2019, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that similarly placed co-accused Rahul Kumar has already been enlarged on bail by this Court vide order dated 26.09.2019 passed in Criminal Misc. Bail Application No. 39980 of 2019. He further submitted that since the role of the applicant is identical to that of co-accused Rahul Kumar 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. However, the factual aspect of the matter has not been disputed by him.
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- Atul Kumar involved in the aforesaid crime 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 with the following conditions :-
1. 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.
4. If the applicant would indulge in similar activity in future, the prosecution can move an application for cancellation of bail of the applicant.
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 :- 26.9.2019 SFH