Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40223 of 2018 Applicant :- Dinesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Shyam Shanker Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned A. G. A. for the State.
Learned counsel for the applicant submitted that in the present case co-accused Sanjeev Kumar has already been enlarged on bail by this Court vide order dated 11.10.2018 passed in Criminal Misc. Bail Application No. 38937 of 2018. He further submitted that since the role of the applicant is identical to that of the co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Learned counsel for the applicant further submits that the applicant is in jail since 18.7.2018.
The prayer for bail has vehemently been opposed by learned A. G.
A. However, he does not dispute the fact that the similarly placed co-accused has been granted bail by this Court.
Considering the submissions made by learned counsel for the applicant as well as learned A. G. A. and the fact that identically placed co-accused has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
In view of the above, let the applicant Dinesh 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. 586/18 u/s 304, 337, 338, 427, 288, 34 IPC and 7 Criminal Law Amendment Act PS Kotwali Bishrakh District Gautam Budh Nagar.
Order Date :- 26.10.2018 SP