Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53263 of 2021 Applicant :- Wahid Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Virendra Kumar Jaiswal Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, 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. 558 of 2019, under Sections 363, 366, 376, 506 I.P.C. and section 3/4 POCSO Act, Vijay Nagar, district-Ghaziabad and is in jail since 18.1.2021, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that similarly placed co-accused Kasim has already been enlarged on bail by another Bench of this Court vide order dated 25.11.2019 passed in Criminal Misc. Bail Application no. 40507 of 2019, copy whereof has been filed as Annexure- 5 to the affidavit accompanying the bail application. He further submits that since the role of the applicant is identical to that of co-accused Kasim 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. However, the aforesaid factual aspect of the matter has not been disputed by him.
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, Wahid be released on bail in the aforesaid case on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in the aforesaid case 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 :- 24.12.2021 Faridul