Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16213 of 2018 Applicant :- Samir Opposite Party :- State Of U.P.
Counsel for Applicant :- Shad Khan,Mohammad Zakir,Mumtaz Ali Counsel for Opposite Party :- G.A.,Ankit Saran Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
It is submitted by learned counsel for the applicant that similarly placed co-accused namely, Danish, Naved and Bhura alias Javed have already been enlarged on bail by this Court vide orders dated 10.7.2018 and 17.7.2018 respectively passed in Criminal Misc. Bail Application Nos. 25638 of 2018, 26697 of 2018 and 25657 of 2018, copy of 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 Danish, Naved and Bhura alias Jave 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, Samir 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. 33 of 2018, under Sections 147, 354, 323, 307, 504 and 506 I.P.C., P.S. Khurja Nagar, district-
Bulandshahar 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 :- 21.8.2018 Faridul