The Court allowed a bail application filed by Sanjeev Kumar Srivastava, granting relief on the ground of parity with co-accused already released on bail in coordinate benches.
Demand of discharge from proceedings and release on bail after executing a personal bond and furnishing two sureties each.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28862 of 2018
Applicant :- Sanjeev Kumar Srivastava Opposite Party :- State Of U.P. Counsel for Applicant :- Shailendra Kumar Singh 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 namely, Bhanu Pratap Singh @ Bablu and Om Prakash Tripathi have already been enlarged on bail by coordinate Benches of this Court vide orders dated 10.7.2017 and 12.1.2018 passed in Criminal Misc. Bail Application Nos. 18354 of 2017 and 1610 of 2018, copy of bail orders 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 Bhanu Pratap Singh @ Bablu and Om Prakash Tripathi who have 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, Sanjeev Kumar Srivastava 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. 619 of
2016, under Sections 147, 148, 149, 323, 504, 506, 333, 353, 307, 342, 427, 436, 336, 325 I.P.C., Section 7 Criminal Law Amendment Act and Section 3/4 Prevention of Damages to Public Property Act, P.S. Shahpur, district-Gorakhpur 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 :- 1.8.2018 Faridul
1 issue framed by the court
Whether the applicant is entitled to bail on the ground of parity with similarly placed co-accused who have already been enlarged on bail.
Sanjeev Kumar Srivastava
Vivek Kumar Singh
J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
