The court considered the bail application of the applicant, who argued for parity with a co-accused already granted bail. Finding merit in the plea, the court granted bail subject to standard conditions.
Applicant released on bail on executing a personal bond and furnishing two sureties under specified conditions.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26621 of 2018
Applicant :- Farooq @ Tuyin Qureshi Opposite Party :- State Of U.P. Counsel for Applicant :- Amit Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
It is submitted by learned counsel for the applicant that similarly placed co-accused Rizwan has already been enlarged on bail by this Court by order dated 24.7.2018 passed in Criminal Misc. Bail Application No. 27645 of 2018, copy of bail order produced by learned counsel for the applicant is taken on record. He further submitted that since the role of the applicant is identical to that of co-accused Rizwan 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, Farooq @ Tuyin Qureshi 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. 159 of 2018, under Sections 147, 323, 332, 353, 427, 504, 506 I.P.C. and Section 7 Criminal Law Amendment Act, P.S. Cantt., district-Bareilly 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 :- 28.8.2018 Faridul
1 issue framed by the court
Whether the applicant is entitled to bail on the ground of parity with a similarly placed co-accused who has already been enlarged on bail.
Farooq @ Tuyin Qureshi
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
