Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34312 of 2019 Applicant :- Vikas And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Deepak Rana Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard Sri Deepak Rana, learned counsel for the applicants 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. 400 of 2019, under Sections- 323, 308 I.P.C., Police Station- Hapur Kotwali, District- Hapur, and is in jail since 04.07.2019, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicants that similarly placed co-accused,Vishal, has already been enlarged on bail by this Court by order dated 20.08.2019 passed in Criminal Misc. Bail Application No. 32829 of 2019. He further submitted that since the role of the applicants are identical to that of co-accused, Vishal, 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 applicants as well as learned A.G.A., this Court is of the view that the applicants has made out a case for grant of bail on the ground of parity.
In view of the above, let the applicants, Vikas and Vikrant, 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. 400 of 2019, under Sections- 323, 308 I.P.C., Police Station- Hapur Kotwali, District- Hapur, with the following conditions :-
1. The applicants will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. They will not tamper with the witnesses.
3. They 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 :- 22.8.2019 Rohit