Criminal Misc. Bail Application where the High Court, relying on parity with a co-accused, granted interim bail to the applicant in under Section 394 and 412 IPC, subject to conditions.
Release of the applicant on bail with a personal bond and two sureties subject to specified conditions.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20828 of 2019
Applicant :- Rinku Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Azhar Hussain,Mohan Kant Baghel,Sunil Kumar Yadav 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. 453 of 2018, under Sections 394 and 412 I.P.C., P.S. Tundala, District Firozabad and is in jail since 23.08.2018, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that similarly placed co-accused Surya Prakash @ Bhoora has already been enlarged on bail by another co-ordinate Bench of this Court vide order dated 8.3.2019 passed in Criminal Misc. Bail Application No. 10111 of 2019, copy of the bail order is annexed as Annexure No.6 to this bail application. He further submitted that since the role of the applicant is identical to that of co-accused Suraya Prakash @ Bhoora who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. The offence is triable by the Magistrate.
The prayer for bail has vehemently been opposed by learned A.G.A. However, the 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- Rinku Kumar 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. 453 of 2018, under Sections 394 and 412 I.P.C., P.S. Tundala, District Firozabad 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 :- 26.9.2019 SFH
1 issue framed by the court
Whether the applicant is entitled to bail on the ground of parity with a similarly placed co-accused already granted bail.
Colour shows how this judgement treated each authority
Criminal Misc. Bail Application No. 10111 of 2019Referred¶7
Rinku Kumar
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Ajit Singh
Parties & counsel
