Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9759 of 2016 Applicant :- Smt. Heerawati Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajiv Lochan Shukla,Murli Dhar Yadav,Neeraj Kumar Srivastava Counsel for Opposite Party :- G.A.,K.L.Chauhan,K.S.Prasad
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned A. G. A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 620 of 2015, under Section-304 IPC, P. S.-Kheta Sarai, district-Jaunpur and is in jail since 7.10.2015, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the similarly placed co-accused, Soni has already been enlarged on bail by this Court vide order dated 19.4.2017 passed in Criminal Misc. Bail Application No. 13867 of 2017. He has further submitted that since the role of the applicant is identical to that of co-accused, Soni who has already been enlarged on bail, she is also entitled to be enlarged on bail on the ground of parity.
The prayer for bail has vehemently been opposed by learned A. G. A. However, the aforesaid factual aspect of the matter has not been disputed by him.
Considering the submissions made by learned counsel for the parties, this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.
In view of the above, let the applicant, Smt. Heerawati be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 620 of 2015, under Section-304 IPC, P. S.-Kheta Sarai, district-Jaunpur with the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by her;
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 30.3.2018 HR