Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34234 of 2019 Applicant :- Rakesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Shailendra Kumar Tripathi 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 Complaint Case No. 110 of 2017, under Sections 395, 452 and 506 I.P.C., P.S. Chhibramau, district-Kannauj and is in jail since 23.7.2019, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. Further submission is that similarly placed co-accused namely, Dinesh, Shiv Shankar, Shyam Singh and Girand Singh have already been enlarged on bail by this Court by orders dated 13.8.2019 and 20.8.2019 passed in Criminal Misc. Bail Application Nos. 32644 of 2019 and 33633 of 2019, copy of the bail orders produced by learned counsel for the applicant is taken on record. He further submitted that since the role of the applicant is identical to that of co-accused Dinesh, Shiv Shankar, Shyam Singh and Girand Singh 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.
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.
In view of the above, let the applicant, Rakesh 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 Complaint Case No. 110 of 2017, under Sections 395, 452 and 506 I.P.C., P.S. Chhibramau, district-Kannauj 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 :- 26.8.2019 Faridul