Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16404 of 2021 Applicant :- Surendra @ Sagar And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Avanish Kumar Shukla,Mahendra Tripathi,Mithilesh Kumar Shukla Counsel for Opposite Party :- G.A.,Manoj Kumar Mishra
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants, learned counsel for the informant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicants who are involved in Case Crime No. 138 of 2020, under Section 302 and 120B I.P.C., P.S. Iradatnagar, district-Agra and are in jail since 20.11.2020, are seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicants that similarly placed co-accused Suneet has already been enlarged on bail by another Bench of this Court vide order dated 12.3.2021 passed in Criminal Misc. Bail Application no. 15001 of 2021, copy of bail order produced by learned counsel for the applicant is taken on record. He further submitted that since the role of the applicants is identical to that of co-accused Suneet who has already been enlarged on bail, they are also entitled to be enlarged on bail on the ground of parity.
Learned A.G.A. as well as learned counsel for the informant have vehemently opposed the prayer for bail and submitted that there is evidence against the applicants of their involvement in the alleged occurrence. However, they have not disputed that there is no direct evidence as well as the entire evidence against the applicants is based on confessional statement of co-accused Suneel.
Considering the submissions made by learned counsel for the applicants as well as learned A.G.A., this Court is of the view that the applicant have made out a case for grant of bail on the ground of parity.
In view of the above, let the applicants, Surendra @ Sagar and Guliya be released on bail in the aforesaid case on their executing personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in the aforesaid case with the following conditions :-
(a) The applicants shall attend the court according to the conditions of the bond executed by them.
(b) The applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 30.7.2021 Faridul