Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55772 of 2019 Applicant :- Sagar Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Girish Kumar Singh 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 Case Crime No. 150 of 2019, under Sections 34, 302, 506 and 120B I.P.C., P.S. Kasya, district-Kushinagar and is in jail since 11.3.2019, 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 only being brother of Kanhaiya Yadav, who has already been enlarged on bail by this Court by order dated 18.12.2019 passed in Criminal Misc. Bail Application no. 50763 of 2019. He further submitted that since the role of the applicant is identical to that of Kanhaiya Yadav who has already been enlarged on bail, He is also entitled to be enlarged on bail on the ground of parity as well as on merits.
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 has made out a case for grant of bail on the ground of parity.
In view of the above, let the applicant, Sagar Yadav 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 :- 18.12.2019 Faridul