Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20420 of 2018 Applicant :- Kamruddin Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,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. 1803 of 2017, under Sections 147, 148, 149, 307 and 34 I.P.C., P.S. Kotwali Dehat, district-Bulandshahar and is in jail since 21.11.2017, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that similarly placed co-accused namely, Taj Mohammad and Dambar have already been enlarged on bail by coordinate Bench as well as this Court by orders dated 22.2.2018 and 12.4.2018 passed in Criminal Misc. Bail Application Nos. 6973 of 2018 and 13448 of 2018. He further submitted that since the role of the applicant is identical to that of co-accused Taj Mohammad and Dambar who have 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, Kamruddin 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. 1803 of 2017, under Sections 147, 148, 149, 307 and 34 I.P.C., P.S. Kotwali Dehat, district-Bulandshahar 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 :- 29.5.2018 Faridul