Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48588 of 2018 Applicant :- Gaurav Opposite Party :- State Of U.P.
Counsel for Applicant :- Gauri Shankar Yadav Counsel for Opposite Party :- G.A.
Connected with
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48594 of 2018 Applicant :- Saurabh Opposite Party :- State Of U.P.
Counsel for Applicant :- Gauri Shankar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the parties and perused the record.
By way of instant bail applications, prayer has been made to enlarge the applicants on bail in Case Crime No. 171 of 2017, under Sections 147, 148, 149, 302 and 325 of the Indian Penal Code, 1860, Police Station - Ahar, District - Bulandshahr.
As per prosecution version, on 05.09.2017 at about 09.00 A.M., the applicants along with co-accused Rajendra, Ashok and Urmila attacked on Yashpal, brother of informant Mukesh by bricks, due to which he sustained grievous injuries, resulting into his death.
Learned counsel for the applicants contended that no specific role has been assigned to the applicants. Co- accused Ashok and Urmila, having similar role to that of the applicants, have already been enlarged on bail vide orders of this Court in Criminal Misc. Bail Application No. 40079 of 2018 (Ashok v. State U.P.) dated 01.11.2018 and in Criminal Misc. Bail Application No. 43116 of 2018 (Smt. Urmila v. State U.P.) dated 17.11.2018. Copy of bail orders have been collectively annexed as Annexure No. 13 of the affidavit appended to the bail application.
Hence, the present applicants are also entitled to be enlarged on bail on the ground of parity. Moreover, the applicants - Gaurav and Saurabh have no criminal antecedents and they are languishing in jail since 20.04.2018 and 22.10.2017, respectively.
Per contra, learned A.G.A. has opposed the prayer for bail, however, admitted this fact that role of the present applicants is similar to that of co-accused.
Without commenting on the merits of the case, considering the facts and circumstances of the case, I find it a fit case for enlarging the applicants on bail.
In view of above, the prayer so made is accepted and accordingly, the instant applications stand allowed.
Let the applicants - Gaurav and Saurabh be released on bail in the aforesaid case crime number on their furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned.
Order Date :- 20.12.2018 I. Batabyal