Juvenile court allowed bail to the applicant on the ground of parity with a co-accused who had already been enlarged, directing execution of bond and sureties.
Applicant released on bail upon executing a personal bond and furnishing two sureties under conditions to attend trial, not tamper with witnesses, and avoid illegal activities.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25712 of 2019
Applicant :- Raheesh @ Sandeep Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Pratibha Singh,Ashok Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and 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. 40 of 2019, under Sections 395, 397 and 412 I.P.C., P.S. Malawan, district-Etah and is in jail since 31.3.2019, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that similarly placed co-accused Lal Singh has already been enlarged on bail by this Court by order dated 10.7.2019 passed in Criminal Misc. Bail Application No. 27520 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 Lal 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, Raheesh @ Sandeep 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. 40 of 2019, under Sections 395, 397 and 412 I.P.C., P.S. Malawan, district-Etah 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 bail should be granted to the applicant on the ground of parity with a similarly placed co-accused.
Colour shows how this judgement treated each authority
Criminal Misc. Bail Application No. 27520 of 2019Followed¶7
Raheesh @ Sandeep Kumar
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
