Supplementary affidavit and the rejoinder affidavit filed by the learned counsel for the applicant, are taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State.
The accused-applicant Guddu Alias Brij Mohan is involved in Case Crime No.535 of 2009, under Sections 147, 302, 201 I.P.C., from Police Station Safdar Ganj, District Barabanki.
The submission of learned counsel for the applicant is that the co-accused Chandra Mohan has already been ordered to be released on bail by this Court, vide order dated 08.01.2010 passed in Criminal Misc. Case No.7522(B) of 2009. The case of present accused is identical to that of co-accused Chandra Mohan, who has already been ordered to be released on bail. Therefore, present accused also deserves to be released on bail on parity ground.
Learned A.G.A although opposed the bail application but fairly accepts that the case of present accused-applicant is identical to that of co-accused, who has already been ordered to be released on bail.
Considered the submissions of the learned counsel for the applicant and the learned Additional Government Advocate. Keeping in view the totality of the facts and circumstances of the case as well as keeping in view the fact that co-accused Chandra Mohan having similar role as the present accused has already been ordered to be released on bail without expressing any opinion on the merits of the case, applicant may be released on bail.
Let applicant Guddu Alias Brij Mohan be released on bail in aforesaid case crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
18.01.2010.
Prajapati/-