Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32390 of 2018 Applicant :- Monu And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Om Prakash Pandey,Satish Mohan Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Supplementary affidavit filed on behalf of applicant today which is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
Learned counsel for the applicant has stated in the para 3 and 4 of the supplementary affidavit that Sections 60,62(2), 72 of Excise Act has wrongly been typed when correct Sections are 60, 60(2), 72 of Excise Act. He prays for permitted to correct the Sections in the bail application during the course of day. His prayer for correction is allowed.
By means of this application, the applicant who is involved in Case Crime No. 206 of 2018, under Sections 419, 420, 467, 468, 471, 272 I.P.C. and Section 60, 60(2) P.S. Kotwali Hata, District- Kushi Nagar and is in jail since 31.05.2018, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that similarly placed co-accused, Deepak, has already been enlarged on bail by this Court by order dated 20.08.2018 passed in Criminal Misc. Bail Application No. 31480 of 2018. He further submitted that since the role of the applicant is identical to that of co-accused, Deepak, 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 applicants as well as learned A.G.A., this Court is of the view that the applicant shave made out a case for grant of bail on the ground of parity.
In view of the above, let the applicants, Monu And Sanjeet 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. 206 of 2018, under Sections 419, 420, 467, 468, 471, 272 I.P.C. and Section 60, 60(2) P.S. Kotwali Hata, District- Kushi Nagar 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 :- 24.8.2018 Rohit