Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30226 of 2019 Applicant :- Nizam Opposite Party :- State Of U.P. Counsel for Applicant :- Ken Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, 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. 92 of 2019, under Sections 384 and 34 I.P.C., P.S. Chhatta, district-Agra, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that similarly placed co-accused namely, Vivek Gupta and Arpit Gupta have already been enlarged on bail by this Court by order dated 3.7.2019 passed in Criminal Misc. Bail Application Nos. 26287 of 2019 and 26317 of 2019, copy whereof has been brought on record as Annexure-5 to the affidavit accompanying the bail application. He further submitted that since the role of the applicant is identical to that of co-accused Vivek Gupta and Arpit Gupta 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. However, the factual aspect of the matter has not been disputed by him.
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.
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. 92 of 2019, under Sections 384 and 34 I.P.C., P.S. Chhatta, district-Agra 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 :- 30.7.2019 Faridul