Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36477 of 2018 Applicant :- Dhirendra Alias Dheeru And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Indra Kumar Chaturvedi 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.
It is submitted by learned counsel for the applicants that similarly placed co-accused Bhoora has already been enlarged on bail by this Court vide order dated 18.9.2018 passed in Criminal Misc. Bail Application No. 35271 of 2018, copy of bail order produced by learned counsel for the applicant is taken on record. He further submitted that since the role of the applicants is identical to that of co-accused, Bhoora who has 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, Dhirendra alias Dheeru, Manoj and Mishri Lal Ark 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. 128 of 2010, under Sections 147, 148, 149, 307, 332, 353, 436, 336 I.P.C. and Section 7 Criminal Law Amendment Act, P.S. Tindwari, district-Banda 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