Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44603 of 2018 Applicant :- Prempal Opposite Party :- State Of U.P. Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the parties and perused the record.
By way of instant bail application, prayer has been made to enlarge the applicant on bail in Case Crime No. 78 of 2018, under Sections 302 and 201 of the Indian Penal Code, 1860 Police Station - Rajpura, District - Sambhal.
Learned counsel for the applicant contended that the applicant has been maliciously roped in in the present case. He further contended that similarly placed co-accused Mool Chandra, whose case is on similar footing to that of the applicant, has already been admitted to bail vide order dated 17.09.2018 passed by this Court in Criminal Misc. Bail Application No. - 34946 of 2018 (Mool Chandra v. State of U.P.). Moreover, the applicant has no criminal antecedents and he is languishing in jail since 23.09.2018.
Per contra, learned A.G.A. has opposed the prayer.
This is a case of parity. Case of the present applicant is on equal footing to that of co-accused Mool Chandra, who has already been enlarged on bail by order of this Court.
Without commenting on the merits of the case, considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
In view of above, the prayer so made is accepted and accordingly, the instant application stands allowed.
Let the applicant - Prempal be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned.
Order Date :- 27.11.2018 I. Batabyal