Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34330 of 2019 Applicant :- Vishal Tyagi Opposite Party :- State Of U.P.
Counsel for Applicant :- Pravesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard Shri Pravesh Kumar, 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. 583 of 2018, under Sections- 147, 148, 149, 332, 333, 353, 341, 336, 427, 436, 307, 109 IPC and 7 Criminal Law Amendment Act & 3/4 Prevention of Public Property Damages Act, Police Station- Syana, District- Bulandshahar, and is in jail since 03.04.2018, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that similarly placed co-accuseds, Harendra and Hem Raj @ Hemu, have already been enlarged on bail by this Court by orders dated 11.07.2019 and 15.07.2019 passed in Criminal Misc. Bail Application Nos. 19570 of 2019 and 28073 of 2019. He further submitted that since the role of the applicant is identical to that of co-accused, Harendra and Hem Raj @ Hemu, who have 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, Vishal Tyagi 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. 583 of 2018, under Sections- 147, 148, 149, 332, 333, 353, 341, 336, 427, 436, 307, 109 IPC and 7 Criminal Law Amendment Act & 3/4 Prevention of Public Property Damages Act, Police Station- Syana, District-
Bulandshahar, 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 :- 22.8.2019 Rohit