Criminal Misc. Bail Application for enlargement of bail in trial. Granted on ground of parity with co-accused, subject to conditions of attendance and non-interference.
Released on bail, executing a personal bond and furnishing two sureties in the like amount.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17910 of 2019
Applicant :- Jitendra Kumar Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Manoj Kumar Tiwari 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. 263 of 2018, under Sections 419, 420, 467, 468 and 471 I.P.C., P.S. Siddharth Nagar, district-Siddharth Nagar, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that similarly placed co-accused namely, Atul Kumar Singh, Avinash Kumar Singh, Anshuman Kumar Srivastava, Kripanidhan Yadav and Govind Lal Gupta have already been enlarged on bail by this Court vide orders dated 26.2.2019, 1.3.2019, 11.6.2019 and 13.6.2019 respectively passed in Criminal Misc. Bail Application Nos. 8380 of 2019, 9078 of 2019, 23946 of 2019, 24243 of 2019 and 24207 of 2019, 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 Atul Kumar Singh, Avinash Kumar Singh, Anshuman Kumar Srivastava, Kripanidhan Yadav and Govind Lal Gupta 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, Jitendra Kumar 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. 263 of 2018, under Sections 419, 420, 467, 468 and 471 I.P.C., P.S. Siddharth Nagar, district-Siddharth 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 :- 3.7.2019 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 granted bail.
Jitendra Kumar Singh
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
