HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 17 Case :- BAIL No. - 10667 of 2015 Applicant :- Malik Ram @ Baur Opposite Party :- State Of U.P. Counsel for Applicant :- Anand Kumar Srivastava Counsel for Opposite Party :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.
By means of this application, the applicant who is involved in case crime no. 515 of 2015, under Sections 363, 365, 366Ka, 376Gha,343 I.P.C. and section 4 POCSO Act, 2012, P.S. Laliya, district-Balrampur, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that similarly placed co-accused Radhey @ Radhey Shyam has already been enlarged on bail by this Court vide order dated 17.11.2015 passed in Criminal Misc. Bail Application No. 10621 of 2015. He further submitted that since the role of the applicant is identical to that of co-accused-Radhey @ Radhey Shyam 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. However, the aforesaid factual aspect of the matter has not been disputed by him.
Considering the submissions made by learned counsel for the applicant as well as learned AGA and without expressing any opinion on the merits of the case, I find it to be a fit case for bail on the ground of parity.
In view of the above, let the applicant- Malik Ram @ Baur 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. 515 of 2015, under Sections 363, 365, 366Ka, 376Gha,343 I.P.C. and section 4 POCSO Act, 2012, P.S. Laliya, district-Balrampur 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 :- 24.11.2015 Faridul