In Criminal Misc. Bail Application No. 30671 of 2018, the Court granted bail to the applicant Vishal Singh on the ground of parity, releasing him on a personal bond with two sureties subject to standard conditions. The order was passed on 05.09.2018.
The applicant was released on bail on executing a personal bond and furnishing two sureties.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30671 of 2018
Applicant :- Vishal Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Avanesh Kumar Singh Counsel for Opposite Party :- G.A.,Suneel Kumar Mishra
Hon'ble Vivek Kumar Singh,J.
Counter affidavits filed by learned A.G.A. as well as by learned counsel for the complainant is taken on record.
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, Loknath Yadav and Vijay Yadav have already been enlarged on bail by coordinate Bench of this Court vide order dated 3.8.2018 respectively passed in Criminal Misc. Bail Application Nos. 26524 of 2018 and 26526 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 Loknath Yadav and Vijay Yadav 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, Vishal 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. 64 of 2018, under Sections 147,
148, 149, 307, 504 and 506 I.P.C., P.S. Shadiyabad, districtGhazipur with the following conditions :-
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release. (ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. Order Date :- 5.9.2018 Faridul
1 issue framed by the court
Whether the applicant is entitled to bail on the ground of parity with similarly placed co-accound who have already been granted bail.
Vishal Singh
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
