In a bail application, the court granted release to the applicant despite the gravity of the offence, relying on parity arguments presented by counsel that a co-accused had already been granted bail.
Release on bail via personal bond and two sureties of Rs. One Lac each.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7415 of 2019 Applicant :- Arun Pal @ Chumman Pal Opposite Party :- State Of U.P. Counsel for Applicant :- Shyam Shankar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Shyam Shankar Mishra, learned counsel for the applicant, Sri Abhinav Prasad learned AGA appearing for the State and perused the material brought on record.
It is contended that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It has been contended by the learned counsel for the applicant that co-accused Dharmendra Kumar, has been granted bail by this Court vide order dated 29.11.2018, in Crl. Misc. Bail Application No. 45734 of 2018, a copy of said order has been produced by the learned counsel for the applicant, which is taken on record and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history. The applicant is in jail since 10.12.2018.
Learned A.G.A. has vehemently opposed the prayer without disputing the fact that co-accused has been granted bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, I find it to be a case of bail.
Let applicant- Arun Pal, @ Chumman Pal, be released on bail in Case Crime No. 0054 of 2018, under Sections 3/5-A/8 of Cow Slaughter Act and section 11 of Prevention of Cruelty to Animals Act, Police StationPanawara, District- Jaunpur, on furnishing a personal bond and two sureties (Rs. One Lac each) (one should be of a family members) before the court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 28.2.2019 ssm
1 issue framed by the court
Whether the applicant is entitled to bail on the ground of parity with a co-accused who has been granted bail earlier.
Arun Pal @ Chumman Pal
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
