Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7925 of 2018 Applicant :- Shravan Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Shashi Dhar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused-applicant Shravan Kumar, who is involved in Case Crime No. 1228 of 2017, under Sections 302, 201, 120B IPC, Police Station - Mehdawal, District - Sant Kabir Nagar.
It is contended by learned counsel for the applicant that the applicant is not named in the F.I.R. There is no criminal history against the applicant. The applicant and other co-accused have been made accused in the present case only on the basis of suspicion made by the informant Ganesh Kanaujiya after two months of the occurrence. Moreover, there is no evidence against the applicant. The applicant is languishing in jail since 06.02.2018.
Learned counsel for the applicant further contended that similarly placed co- accused Rangeeta and Krishna Kumar, whose case is on equal footing to that of the present applicant, have already been bailed out vide orders of this court passed in Criminal Misc. Bail Application No. - 41838 of 2017 (Rangeeta v. State of U.P.) and Criminal Misc. Bail Application No. 43643 of 2017 (Krishna Kumar v. State of U.P.) dated 01.11.2017 and 13.11.2017, respectively. Hence, the present applicant is also entitled to be admitted to bail on the ground of parity.
Per contra, learned A.G.A. has opposed the prayer for bail. However, he has admitted the fact that except the statement of informant Ganesh Kanaujiya recorded under Section 161 Cr.P.C., there is no other evidence against the applicant.
Without commenting on the merits of the case, considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
Let the applicant - Shravan Kumar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
Accordingly, the instant bail application is allowed. Order Date :- 28.2.2018 I. Batabyal