Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40521 of 2018 Applicant :- Shamir Ali @ Guddu Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Srivastava,Ram Bahadur Counsel for Opposite Party :- G.A.,Sudhakar Shukla
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
Learned counsel for the applicant submitted that the co-accused Raju @ Rajiuddin has already been enlarged on bail by this Court vide order 26.10.2018 passed in Criminal Misc. Bail Application No. 40488 of 2018. He further submitted that since the role of the applicant is identical to that of the co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Learned counsel for the applicant further submits that the applicant is in jail since 12.06.2018.
The prayer for bail has vehemently been opposed by learned A.
G. A. However, he does not dispute the fact that the similarly placed co-accused has been granted bail by this Court.
Considering the submissions made by learned counsel for the applicant as well as learned A. G. A. and the fact that identically placed co-accused has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
In view of the above, let the applicant Shamir Ali @ Guddu be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 82 of 2016, under Sections 302, 120-B, 34 of IPC, P.S. Hari Parvat, District Agra.
Order Date :- 26.10.2018 Ram Chander