Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40867 of 2019 Applicant :- Pavan @ Baniya Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Dhaka,Dinesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and learned AGA and perused the record of the case.
It is submitted by learned counsel for the applicant that co accused Deepak @ Deepu has already been enlarged on bail vide order dated 26.09.2019 passed in Criminal Misc Bail Application No. 40035 of 2019. He submits that applicant is also entitled to bail on the ground of parity. He submits that the applicant is in jail since 22.8.2019.
I have perused the bail order of co accused and find that the role assigned to the present applicant is almost similar to that of co accused person who has already been enlarged on bail by this court.
Considering the facts and circumstances of the case, but without prejudice to the merits of the case, the applicant deserves to be admitted to bail on the ground of parity.
Let the applicant Pavan @ Baniya be enlarged on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned in case crime No. 309 of 2019, under Sections 411. 414.420. 427 IPC, P.S. Govind Nagar, District Mathura subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 30.9.2019 RavindraKSingh