Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28222 of 2019 Applicant :- Kamla Charan Opposite Party :- State Of U.P.
Counsel for Applicant :- Bharat Bhushan Dubey,Kuldeep Singh Yadav Counsel for Opposite Party :- G.A.,Mohd. Nadeem
Hon'ble Siddharth,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the applicant Sri B.B. Dubey and Sri Kuldeep Singh Yadav and learned A.G.A. for the State and Sri Mohd. Nadeem, counsel for the informant and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 172 of 2019, under Sections- 147, 148, 336, 325, 323, 504, 506, 427, 452, 307 IPC, Police Station- Jaswant Nagar, District- Etawah, and is in jail since 15.05.2019, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that similarly placed co-accused, Dharmendra Kumar, has already been enlarged on bail by this Court by order dated 20.08.2019 passed in Criminal Misc. Bail Application No. 33273 of 2019. He further submitted that since the role of the applicant is identical to that of co-accused, Dharmendra Kumar, who has already been enlarged on bail, he 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.
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.
In view of the above, let the applicant, Kamla Charan be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 172 of 2019, under Sections- 147, 148, 336, 325, 323, 504, 506, 427, 452, 307 IPC, Police Station- Jaswant Nagar, District- Etawah 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 :- 26.8.2019 Rohit