A single judge granted bail to the applicant Virendra Shukla during the trial under the U.P. Public Examination Act and IPC sections, holding that he had made out a case for bail on the ground of parity with co-accused already enlarged on bail by coordinate benches.
Applicant released on bail by executing a personal bond and furnishing two sureties.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14705 of 2019
Applicant :- Virendra Shukla Opposite Party :- State Of U.P. Counsel for Applicant :- Ramesh Kumar Chaurasia Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 32 of 2019, under Sections 4, 5, 7, 8 and 10 of U.P. Public Examination (Prevention of Unfair Means) Act, 1988 and Section 409, 419, 420 I.P.C., Police Station-Bansdeeh, District-Ballia and is in jail since 26.02.2019, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that similarly placed co-accused Amarnath Yadav, Jai Narayan Yadav and Akhilesh Chauhan and 2 others have already been enlarged on bail by coordinate Bench of this Court vide orders dated 15.05.2019, 12.04.2019 and 30.04.2019 passed in Criminal Misc. Bail Application Nos. 16281 of 2019, 15167 of 2019 and 16302 of 2019 respectively, copy whereof has been produced by counsel for the applicant. He further submitted that since the role of the applicant is identical to that of co-accused Amarnath Yadav, Jai Narayan Yadav and Akhilesh Chauhan and 2 others 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. However, the aforesaid factual aspect of the matter has not been disputed by him.
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, Virendra Shukla 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. 32 of 2019, under Sections 4, 5, 7, 8 and 10 of U.P. Public Examination (Prevention of Unfair Means) Act, 1988 and Section 409, 419, 420 I.P.C.,
Police Station-Bansdeeh, District-Ballia 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 :- 4.7.2019
sweta
1 issue framed by the court
Whether the applicant is entitled to bail on grounds of parity with similarly placed co-accused who have already been granted bail.
4 provisions across 2 enactments
Virendra Shukla
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
