Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39006 of 2021 Applicant :- Pankaj Raidas And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjeev Kumar Khare,Pramod Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Supplementary affidavit filed on behalf of applicant in the Court today is taken on record.
Heard learned counsel on behalf of applicant no. 1, Pankaj Raidas, 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. 150 of 2021, under Sections 302 and 201 I.P.C., P.S. Saini, district- Kaushambi and is in jail since 2.6.2021, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that similarly placed co-accused Mool Chandra Saroj has already been enlarged on bail by another Bench of this Court vide order dated 26.11.2021 passed in Criminal Misc. Bail Application no. 36161 of 2021, copy of bail order produced by learned counsel for the applicant is taken on record. He further submits that since the role of the applicant is identical to that of co- accused Mool Chandra Saroj 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. However, the aforesaid 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 no. 1, Pankaj Raidas has made out a case for grant of bail on the ground of parity.
In view of the above, let the applicant no. 1, Pankaj Raidas be released on bail in the aforesaid case on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in the aforesaid case with the following conditions :-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 22.12.2021 Faridul