Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40458 of 2019 Applicant :- Shubham Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ajit 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. 131 of 2019, under Sections 379 and 411 I.P.C., P.S. Cantt., district- Varanasi, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that similarly placed co- accused, Deepak Kumar Patel has already been granted bail by this Court by order dated 24.9.2019 passed in Criminal Misc. Bail Application No. 38378 of 2019, copy of the bail order produced by learned counsel for the applicant is taken on record. He further submitted that since the role of the applicant is identical to that of co-accused Deepak Kumar Patel, who has already been granted bail, hence the applicant is 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 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, Shubham Singh be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 27.9.2019 Faridul