Allowed

Majendra @ Sunil Kumar v. State of U.P.

Allahabad HC16 Oct 2019BAIL/41807/2019

Case brief

AI extract

What is this about?

This Court allowed a bail application filed under Sections 394 and 411 IPC. The applicant, already in jail since August 2019, sought release on bail based on parity with a co-accused granted bail in a similar position. The Court found a case made out and released the applicant on bail with specific conditions.

What did the court decide?

The applicant was released on bail upon executing a personal bond and furnishing two sureties, subject to specific conditions of behavior and attendance.

Majendra @ Sunil Kumar Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 80

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41807 of 2019

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Applicant :- Majendra @ Sunil Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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By means of this application, the applicant who is involved in Case Crime No. 71 of 2019, under Sections 394 and 411 I.P.C., P.S. Sadiyabad, district-Ghaziabad and is in jail since 8.8.2019, is seeking enlargement on bail during the trial.

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It is submitted by learned counsel for the applicant that similarly placed co-accused Kamlesh Bind has already been enlarged on bail by this Court by order dated 23.9.2019 passed in Criminal Misc. Bail Application No. 37780 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 Kamlesh Bind who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.

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The prayer for bail has vehemently been opposed by learned A.G.A. However, the aforesaid factual aspect of the matter has not been disputed by him.

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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.

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In view of the above, let the applicant, Majendra @ Sunil Kumar be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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Order Date :- 16.10.2019 Faridul

Majendra @ Sunil Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Majendra @ Sunil Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

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