Heard the learned counsel for the applicant and learned A.G.A. for the State as well as perused the documents available on the record.
The accused-applicant Sandeep Prajapati alias Kalia is involved and detained in Case Crime No. 212 of 2010, under Sections 147, 148, 323, 504, 506, 452, 342, 379, 411 I.P.C. & Section 3(1) (x) of SC/ST Act, from Police Station Dargah Sharif, District Bahraich and he has applied for bail.
The submission of the learned counsel for the accused applicant is that co-accused Vijay Singh has already been ordered to be released on bail by another Bench of this Court, vide order dated 16.4.2010, passed in Criminal Misc. Case No. 2842 (B) of 2010. The case of the present accused applicant is identical to the case of co-accused Vijay Singh, who has already been ordered to be released on bail. Therefore, accused applicant also deserves to be released on bail on the ground of parity.
Learned A.G.A. although opposed the bail application but fairly accepts that the case of the present accused applicant is identical to the case of co- accused Vijay Singh who has already been ordered to be released on bail.
Considered the submissions of the learned counsel for the accused applicant and the learned A.G.A.
Keeping in view the totality of the facts and circumstances of the case as well as the fact that the co-accused Vijay Singh having similar case as the present accused applicant, has already been ordered to be released on bail, without expressing any opinion on the merit of the case, the accused applicant may be released on bail.
Let applicant Sandeep Prajapati alias Kalia be released on bail in the aforesaid case crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
28.06.2010 Sanjay/-