Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25960 of 2019 Applicant :- Gaurav @ Gauri Opposite Party :- State of U.P. Counsel for Applicant :- R.K. Sinha Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
Learned counsel for the applicant submitted that the co-accused Sundar @ Surendra and Mohit have already been enlarged on bail by another bench of this Court vide order dated 21.10.2019 passed in Criminal Misc. Bail Application No. 28677 of 2019. 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 28.4.2019. He further submits that the applicant has no previous criminal history though after being implicated in the present case, the applicant has been implicated in two other cases.
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 Gaurav @ Gauri be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 304 of 2019, under Sections 394, 411 IPC, P.S. Kotwali Ghaziabad, District Ghaziabad with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 27.11.2019/Kuldeep