Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19973 of 2018 Applicant :- Vivek Kumar Sharma @ Vikky Pandit Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashutosh Sharma Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard Sri Ashutosh Sharma, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused-applicant Vivek Kumar Sharma @ Vikky Pandit, who is involved in Case Crime No. 293 of 2017, under Sections 386, 506, 507, IPC, P.S. Kotwali, District Moradabad.
Learned counsel for the applicant contended that applicant is not named in the FIR. On the basis of confessional statement before police, he has been made accused in this case. He further contended that similarly placed co-accused Nand Kumar Arya, whose case is on equal footing to that of the present applicant, has been admitted to bail vide order of this Court passed in Criminal Misc. Bail Application No. 11862 of 2018 (Nand Kumar Arya v. State of U.P.) dated 02.04.2018. Hence, the present applicant is also entitled to be admitted to bail on the ground of parity.
Per contra, learned A.G.A. has opposed the prayer for bail. However, he has admitted this fact that before this case, there was no criminal history of the applicant.
Without commenting on the merits of the case, considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
Let the applicant - Vivek Kumar Sharma @ Vikky Pandit be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
Accordingly, the instant bail application is allowed.
Order Date :- 28.5.2018 T. Sinha