Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20454 of 2018 Applicant :- Sarvesh Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Samit Gopal Counsel for Opposite Party :- G.A.
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.
By means of this application, the applicant who is involved in Case Crime No. 52 of 2018, under Sections 364, 323 and 506 I.P.C., P.S. Kotwali Nagar, district-Moradabad and is in jail since 17.4.2018, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that similarly placed co-accused Smt. Ravita has already been enlarged on bail by this Court by order dated 24.4.2018 passed in Criminal Misc. Bail Application No. 15041 of 2018. He further submitted that since the role of the applicant is identical to that of co-accused Smt. Ravita who has already been enlarged on bail and hence the applicant, whose case stands on a better footing than that of the co-accused, Smt. Ravita, is entitled to be enlarged on bail on merits as well as on 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, Sarvesh Kumar 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. 52 of 2018, under Sections 364, 323 and 506 I.P.C., P.S. Kotwali Nagar, district-Moradabad 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 :- 29.5.2018 Faridul