Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44697 of 2018 Applicant :- Guddu Opposite Party :- State Of U.P.
Counsel for Applicant :- Radhey Shyam Shukla,Vipul Shukla 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 application, prayer has been made to enlarge the applicant on bail in Case Crime No. 80 of 2018, in Sessions Trial No. 388 of 2018, under Sections 302, 307, 504, 427 and 34 of the Indian Penal Code, 1860 and Section 7 of the Criminal Law (Amendment) Act, 2013 Police Station - Banda, District - Shahjahanpur.
Learned counsel for the applicant contended that co- accused Omkar, Virendra and Nanhey have been enlarged on bail by order of this Court. Role of the applicant is similar to that of the abovementioned co- accused. Moreover, the applicant has no criminal antecedents and he is languishing in jail since 10.04.2018.
Per contra, learned A.G.A. and Sri Anupam Tripathi, learned counsel for opposite party have opposed the prayer for bail.
From the perusal of record, it is evident that role of the applicant is similar to that of co-accused Omkar, Virendra and Nanhey, who have already been admitted to bail. Case of the applicant, therefore, is on the same footing as that of the abovementioned 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 applicant on bail.
In view of above, the prayer so made is accepted and accordingly, the instant application stands allowed.
Let the applicant - Guddu be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned.
Order Date :- 27.11.2018 I. Batabyal