Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30586 of 2018 Applicant :- Shahbaj And 4 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Avnish Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State and perused the material on record.
It is submitted by learned counsel for the applicants that similarly placed co-accused Tahir has already been enlarged on bail by this Court vide order dated 9.8.2018 passed in Criminal Misc. Bail Application No. 30124 of 2018, copy whereof has been filed as Annexure-SA1 to the supplementary affidavit. He further submitted that since the role of the applicants is identical to that of co-accused Tahir who has already been enlarged on bail, they are 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. However, the aforesaid factual aspect of the matter has not been disputed by him.
Considering the submissions made by learned counsel for the applicants as well as learned A.G.A., this Court is of the view that the applicants have made out a case for grant of bail on the ground of parity.
In view of the above, let the applicants, Shahbaj, gulfam, Irfan, Islam and Imran be released on bail on their executing personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 560 of 2018, under Sections 147, 149, 307, 427 I.P.C., Section 3/5/8 U.P. Prevention of Cow Slaughter Act and Section 11 Prevention of Cruelty to Animals Act, P.S. Jani, district- Meerut with the following conditions :-
1. The applicants will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. They will not tamper with the witnesses.
3. They 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