Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7241 of 2017 Applicant :- Rahul Opposite Party :- State Of U.P.
Counsel for Applicant :- Kandarp Srivastava,Kaustubh Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submitted that the co-accused Deepak has already been enlarged on bail by this Court vide order dated 16.02.2017 passed in Criminal Misc. Bail Application No.5522 of 2017, copy of which has been brought on record. He further submitted that since the role of the applicant is identical to that of the co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Learned counsel for the applicant further submits that the applicant is in jail since 15.10.2016. It has been pointed that criminal history of six cases has been explained in paragraph 2 of the supplementary affidavit The prayer for bail has been opposed by learned A.G.A. However, he does not dispute the fact that the similarly placed co-accused has been granted bail by this Court.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A. and the fact that identically placed co-accused has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
In view of the above, let the applicant Rahul 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. 242 of 2016, under Sections 147, 148, 149, 452, 386, 302/34, 120B IPC and 3(2)(5) SC/ST (Prevention of Atrocities) Act, P.S. Rohta, District Meerut.
Order Date :- 19.4.2017 A. Tripathi