Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15967 of 2018 Applicant :- Shehbaz @ Guddu Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Kumar Dubey Counsel for Opposite Party :- G.A.,Pavan Kumar 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 the named accused Musharib Ansari has already been enlarged on bail by coordinate Bench of this Court vide order dated 19.6.2018 passed in Criminal Misc. Bail Application No. 22481 of 2018, copy of the bail order produced by learned counsel for the applicant is taken on record and hence the applicant, whose case stands on a better footing than that of the co-accused, Musharib Ansari, 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, Shehbaz @ Guddu 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. 36 of 2018, under Sections 307, 34, 323, 324 and 504 I.P.C., P.S. Nagina, district-Bijnor 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 :- 27.7.2018 Faridul