This court allowed a bail application filed by Dharmendra Singh, a cleaner, granting bail on the ground of parity with a co-accused who was earlier enlarged on bail in a similar role.
The applicant was released on bail by executing a personal bond and furnishing two sureties under Section 420 IPC and Section 60, 63, 72 of the Excise Act.
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Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24808 of 2018
Applicant :- Dharmendra Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Akhilendra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
The applicant is stated to be the cleaner of the driver of the vehicle is already been enlarged on bail vide bail application no. 24762 of 2018. The applicant has no criminal history and he is languishing in jail since 19.04.2018.
It is submitted by learned counsel for the applicant that similarly placed co-accused, Virendra Singh, has already been enlarged on bail by this Court by order dated 05.07.2018 passed in Criminal Misc. Bail Application No. 24762 of 2018. He further submitted that since the role of the applicant is identical to that of co-accused, Virendra Singh, 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 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, Dharmendra Singh 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. 60 of 2018, under Section 420 I.P.C. and 60, 63, 72 of Excise Act, P.S. Makkhanpur, District- Firozabad with the following conditions :-
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 :- 10.8.2018 Rohit
1 issue framed by the court
Whether the applicant is entitled to bail on the ground of parity with a similarly placed co-accused already granted bail.
Dharmendra Singh
Siddharth
As recorded by the court registry
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