Single judge granted bail to Dinesh Kumar in a cheating and forgery case on grounds of parity with similarly placed co-accused who were already released. Bail was granted subject to execution of personal bond and two sureties with specific conditions.
Released on bail conditioned upon execution of personal bond and furnishing two sureties to satisfy the court.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23786 of 2019
Applicant :- Dinesh Kumar Opposite Party :- State Of Up Counsel for Applicant :- Saurabh Basu,Prashant Agrawal 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. 0047 of 2019, under Sections 419, 420, 468, 272 and 273 I.P.C., P.S. Jalalpur, district-Hamirpur and is in jail since 27.3.2019, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that similarly placed co-accused namely, Smt. Damyanti, Laxman and Rahul Kumar have already been enlarged on bail by coordinate Bench as well as by this Court by orders dated 30.5.2019, 8.7.2019 and 8.7.2019 passed in Criminal Misc. Bail Application Nos. 20042 of 2019, 23776 of 2019 and 23713 of 2019, copy of the 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 Smt. Damyanti, Laxman and Rahul Kumar 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, Dinesh 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. 0047 of 2019, under Sections 419, 420, 468, 272 and 273 I.P.C., P.S. Jalalpur, district-Hamirpur with the following conditions :-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 19.7.2019 Faridul
2 issues framed by the court
Whether the applicant is entitled to bail on grounds of parity with co-accused already granted bail.
What conditions should be imposed on the release of the applicant on bail.
Dinesh Kumar
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
