Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40763 of 2019 Applicant :- Subhash Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinay Kumar Singh,Capt Seema Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, 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.293 of 2019, under Sections 419, 420, 467, 468, 471, 379, 411, 413, 414 I.P.C., P.S. Cantt., District Varanasi and is in jail since 08.04.2019, is seeking enlargement on bail during the trial.
As per F.I.R version co-accused Sachin Kumar Gautam and applicant Subhash Kumar were arrested by the police when they were riding on a stolen motorcycle and the name of the present accused Subhash Kumar was surfaced in the statement of co-accused, Sachin Kumar Gautam who has already been enlarged on bail by another co-ordinate Bench of this Court vide order dated 16.05.2019 passed in Criminal Misc. Bail Application No. 20586 of 2019. He further submitted that since the role of the applicant is identical to that of co-accused Sachin Kumar Gautam who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. The criminal history shown against the applicant is explained in paragraph no.13 of the supplementary affidavit.
The prayer for bail has vehemently been opposed by learned A.G.A. However, the 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-Subhash Kumar involved in the aforesaid crime 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 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 :- 30.9.2019 SFH