Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13509 of 2018 Applicant :- Kanchan And 3 Other Opposite Party :- State Of U.P. Counsel for Applicant :- Jyoti Bhushan Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed in the Court today is taken on record.
Heard learned counsel for the applicants and learned A.G.A. for the State and perused the material on record.
By means of this application, the applicants who are involved in Case Crime No. 267 of 2017, under Sections 147, 148, 323, 504, 506, 307 and 325 I.P.C., P.S. Bardah, district-Azamgarh and are in jail since 13.3.2018, are seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicants that similarly placed co-accused Santan has already been enlarged on bail by this Court vide order dated 30.11.2017 passed in Criminal Misc. Bail Application Nos. 47004 of 2017. He further submitted that since the role of the applicants is identical to that of co-accused, Santan who has already been enlarged on bail, they are 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 applicants as well as learned A.G.A., this Court is of the view that the applicants have made out a case for grant of bail on the ground of parity.
In view of the above, let the applicants, Kanchan, Pancham, Harishchandra and Dayanand be released on bail on their executing personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 267 of 2017, under Sections 147, 148, 323, 504, 506, 307 and 325 I.P.C., P.S. Bardah, district- Azamgarh with the following conditions :-
1. The applicants will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. They will not tamper with the witnesses.
3. They 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 :- 31.5.2018 Faridul