Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35090 of 2018 Applicant :- Gareeb Das Opposite Party :- State Of U.P.
Counsel for Applicant :- Indra Kumar Chaturvedi,Vikas Tiwari Counsel for Opposite Party :- G.A.,Jai Singh Parihar
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. 105 of 2018, under Sections 147, 436, 427, 307, 302/34 I.P.C., P.S. Kotwali Konch, District Jalaun and is in jail since 03.05.2018, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that similarly placed co-accused Ravindra has already been enlarged on bail by this Court vide order dated 21.8.2019 passed in Criminal Misc. Bail Application No. 39304 of 2018, copy of the bail order is produced before this Court and the same is taken on record. He further submitted that since the role of the applicant is identical to that of co-accused Ravindra who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. The offence is triable by the Magistrate.
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- Gareeb Das be released on bail in the aforesaid crime 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.
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 :- 30.9.2019 SFH