Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28290 of 2018 Applicant :- Gaurav Opposite Party :- State Of U.P. Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Arvind Kumar, learned counsel for the applicant and learned A.G.A. appearing for the State.
Learned counsel for the applicant submitted that the applicant is the brother-in-law (devar) of the victim Manu. He further submitted that similarly placed co-accused Smt. Kusum, mother-in-law of the victim has already been enlarged on bail by another Bench of this Court vide order dated 29.3.2018 passed in Criminal Misc. Bail Application No. 11383 of 2018 (Annexure-7). He further submitted that since the role of the applicant is identical to that of co-accused Smt. Kusum who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.
Learned A.G.A. opposed the prayer for bail.
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.
Let the applicant Gaurav involved in Case Crime No. 102 of 2017, under Sections 498A, 323, 307 and 328 I.P.C., P.S. Behsooma, district-Meerut be released on bail on his furnishing a personal bond with 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 :- 30.7.2018 Faridul