The Court allowed the bail application of the applicant, Jitendra @ Gattu, granting release on the ground of parity with co-accused already released, subject to standard conditions.
Released on bail, executed personal bond and furnished two sureties subject to standard conditions.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29606 of 2018
Applicant :- Jitendra @ Gattu Opposite Party :- State Of U.P. Counsel for Applicant :- Vikas Rana 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, Bagesh, Devendra and Jai Singh have already been enlarged on bail by coordinate Bench as well as by this Court vide orders dated 6.6.2018 (Annexure7) and 19.7.2018 passed in Criminal Misc. Bail Application Nos. 21315 of 2018 and 26868 of 2018. He further submitted that since the role of the applicant is identical to that of coaccused Bagesh, Devendra and Jai Singh 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. and submitted that there is criminal history of one case against the applicant, hence he is not entitled to be enlarged on bail.
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, Jitendra @ Gattu 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. 65 of 2018, under Sections
147, 148, 149 and 307 I.P.C., 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 :- 7.8.2018
Faridul
1 issue framed by the court
Whether the applicant is entitled to be released on bail on the ground of parity with similarly placed co-accused who were already enlarged on bail.
Jitendra @ Gattu
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
