Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13563 of 2018 Applicant :- Sunil Kumar Patel @ Raja Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Pathak,Chandra Pratap Singh Counsel for Opposite Party :- G.A.,A.P. Singh,Anil Pratap Singh Hon'ble Vivek Kumar Singh,J.
List has been revised.
Learned counsel for the complainant is not present, even though learned counsel for the applicant and learned A.G.A. are present.
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. 1191 of 2017, under Section 308 I.P.C., P.S. Cantt., district-Varanasi and is in jail since 28.1.2018, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that similarly placed co-accused Parikh Patel @ Parakh has already been enlarged on bail by coordinate Bench of this Court by order dated 29.3.2018 passed in Criminal Misc. Bail Application No. 11459 of 2018. He further submitted that since the role of the applicant is identical to that of co-accused Parikh Patel @ Parakh who has already been enlarged on bail, he 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.
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, Sunil Kumar Patel @ Raja 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. 1191 of 2017, under Section 308 I.P.C., P.S. Cantt., district-Varanasi and is in jail since 28.1.2018 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 :- 31.5.2018 Faridul