Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15918 of 2019 Applicant :- Tribhuvan Upadhyay And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Pavan Kishore,Anand Kumar Counsel for Opposite Party :- G.A.,Kanchan Singh
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned A. G. A. for the State.
I have perused the prosecution story as set up in the FIR and also the bail rejection order.
The contention as raised at the bar by learned counsel for the applicants is that the co-accused Ashok Kumar Upadhyay has already been enlarged on bail by this Court vide order dated 1.4.2019 passed in Criminal Misc. Bail Application No. 11532 of 2019, copy of which has been produced and the same is taken on record. He further submits that since the role of the applicants is identical to that of the co-accused who has already been enlarged on bail, they are also entitled to be enlarged on bail on the ground of parity. Learned counsel for the applicants lastly submits that the applicants are in jail since 19.12019.
The prayer for bail has been vehemently opposed by learned A.G.A. However, he does not dispute the fact that the similarly placed co-accused has been granted bail by this Court.
Considering the submissions made by learned counsel for the applicants as well as learned A. G.
A. and the fact that identically placed co-accused has already been enlarged on bail, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view will not in any manner adversely affect the case of the prosecution.
In view of the above, let the applicants, Tribhuvan Upadhyay and Bajrangi Upadhyay be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 0020 of 2019, under Sections 394, 427, 307, 411 IPC, P.S. Kotwali City, District Mirzapur.
Order Date :- 30.5.2019 Atul kr. sri.