The High Court granted bail to the applicant, Vijay Chhavada, in Case Crime No. 906 of 2021. The order was passed based on the principle of parity, as another co-accused with an identical role had already been released on bail by the same Court.
Release on bail upon execution of personal bond and furnishing two sureties.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5188 of 2022
Applicant :- Vijay Chhavada Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mohd Aadil Siddiqui,Mohd. Izhar Usmani,Santosh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,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, Vijay Chhavada, who is involved in Case Crime No. 906 of 2021 at Police Station-Civil Lines, District-Moradabad under Sections 363, 366A, 372, 373 IPC and Sections 3/4/5 of the Immoral Traffic (Prevention) Act, 1956 and Sections 81/84/87 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Sections 17/18 of the Protection of Children from Sexual Offences Act, 2012 and is in jail since 28.10.2021, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that similarly placed co-accused, Smt. Mona, has already been enlarged on bail by this Court by order dated 18.4.2022 passed in Criminal Misc. Bail Application No. 4589 of 2022. He has further submitted that since the role of the applicant is identical to that of co-accused, Smt. Mona, 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, Vijay Chhavada, 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. 906 of 2021 at Police Station-Civil Lines, District-Moradabad under Sections 363, 366A, 372, 373 IPC and Sections 3/4/5 of the Immoral Traffic
(Prevention) Act, 1956 and Sections 81/84/87 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Sections 17/18 of the Protection of Children from Sexual Offences Act, 2012 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 :- 11.7.2022 Rohit
Digitally signed by ROHIT DAS Date: 2022.07.12 13:16:14 IST Reason: Location: High Court of Judicature at Allahabad
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 already released on bail.
4 provisions across 4 enactments
Vijay Chhavada
State Of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
