Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21159 of 2018 Applicant :- Dhroop Chauhan Opposite Party :- State Of U.P.
Counsel for Applicant :- Vineet Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Vineet Kumar Singh, learned counsel for the applicant and learned A.G.A. appearing for the State.
Learned counsel for the applicant submitted that the informant Prem Lal Yadav after becoming annoyed by lodging of first information report dated 25.2.2018 against him he proceeded to register the present F.I.R. against the applicant and other co- accused persons. He next submitted that the other co-accused persons namely, Tarkeshwar Chauhan, Prahlad Chauhan and Chinak Chauhan have already been enlarged on bail by another Bench of this Court vide order dated 22.6.2018 passed in Criminal Misc. Bail Application Nos. 23002 of 2018, 23005 of 2018 and 23144 of 2018 (Annexure-RA1) to the rejoinder affidavit. He next submitted that since the role of the applicant is identical to that of co-accused Tarkeshwar Chauhan, Prahlad Chauhan and Chinak Chauhan, 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, Dhroop Chauhan 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. 25 of 2018, under Sections 332, 353, 324, 325, 504, 506 I.P.C., section 5/26 Wildlife Protection Act and section 7 Criminal Law Amendment Act, P.S. Bargadwa, district-Maharajganj 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.
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 :- 27.7.2018 Faridul