In a bail application under Section 379, 411 IPC, the Single Judge allowed the bail plea of the applicant, Ashish Sharma, citing the parity principle as the co-accused had been granted bail earlier. The court granted bail subject to furnishing a personal bond and two sureties.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2822 of 2018
Applicant :- Ashish Sharma Opposite Party :- State Of U.P. Counsel for Applicant :- Mr Sudhir Kumar Pathak Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Sudhir Kumar Pathak, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the coaccused Asgar having similar role has been granted bail by this Court vide order dated 21.11.2017 in Criminal Misc. Bail Application No. 41620 of 2017 and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 04.08.2017.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Ashish Sharma involved in Case Crime No. 590 of 2017, under Section 379, 411 I.P.C., Police Station Sadar, District Agra be released on bail on his furnishing a personal bond (Rs. One Lac) with two sureties (One should be of a family member) each in the like amount to the satisfaction of the court concerned 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 court below shall be at liberty to cancel the bail.
Order Date :- 29.1.2018
Arti Sharma
1 issue framed by the court
Whether the applicant is entitled to bail on grounds of parity with a co-accused who was previously granted bail.
Ashish Sharma
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
