Single judge bench granted bail to applicant on grounds of parity with co-accused. Bail subject to conditions including attendance, no tampering with witnesses, and no illegal activities.
Released on bail under personal bond and two sureties subject to specified conditions.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14891 of 2019
Applicant :- Raj Kumar Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Atul Kumar,Shashi Prakash Misra 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. 56 of 2019, under Sections 419, 420, 406, 467, 468 and 471 I.P.C., P.S. Dudhara, district-Sant Kabir Nagar and is in jail since 23.2.2019, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that similarly placed co-accused Ram Singh has already been enlarged on bail by coordinate Bench of this Court vide order dated 23.5.2019 passed in Criminal Misc. Bail Application No. 21277 of 2019, copy of the bail order 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 Ram Singh who has 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, Raj Kumar Yadav 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. 56 of 2019, under Sections 419, 420, 406, 467, 468 and 471 I.P.C., P.S. Dudhara, district-Sant Kabir Nagar 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 :- 24.9.2019 Faridul
1 issue framed by the court
Whether the applicant is entitled to bail on the ground of parity with a similarly placed co-accused who has already been enlarged on bail.
Raj Kumar Yadav
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
