Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42493 of 2016 Applicant :- Teetu @ Jitendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Suneel Kumar Rai,Pramod Bhardwaj Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,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.
408 of 2016, under Sections-302 and 120-B IPC, P. S.-Loni Border, district- Ghaziabad and is in jail since 30.7.2016, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the similarly placed co-accused, Sanjay Gurjar has already been enlarged on bail by this Court vide order dated 31.10.2017 passed in Criminal Misc. Bail Application No. 37635 of 2017. He has further submitted that since the role of the applicant is identical to that of co- accused, Sanjay Gurjar who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.
Per contra, learned A. G. A. has opposed the prayer for bail on the ground that he has criminal history of six cases.
In reply, learned counsel for the applicant has submitted that in para 3 of the rejoinder affidavit he has explained the criminal history. Moreover, the co-accused Sanjay Gurjar, who has been granted bail by this Court, has similar criminal history.
Considering the submissions made by learned counsel for the parties, 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, Teetu alias Jitendra 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. 408 of 2016, under Sections-302 and 120-B IPC, P. S.-Loni Border, district-Ghaziabad 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 :- 30.3.2018 HR