Waseem vs State Of U.P.
2019 Latest Caselaw 5598 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48868 of 2018
 

 
Applicant :- Waseem
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Sikandar Khan,Devendra Singh,S.M.Faraz I. Kazmi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ajit Singh,J.

Heard learned counsel for the applicant, 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. 375 of 2018, under Sections 376D, 328, 323, 506 of I.P.C. and Section 3/4 of the Protection of Children from Sexual Offences Act, Police Station-Pilkhua, District-Hapur and is in jail since 13.07.2018, is seeking enlargement on bail during the trial.

It is submitted by learned counsel for the applicant that similarly placed co-accused Shahrukh has already been enlarged on bail by coordinate Bench of this Court vide order dated 14.03.2019 passed in Criminal Misc. Bail Application No. 5897 of 2019, copy whereof has been produced by counsel for the applicant. He further submitted that since the role of the applicant is identical to that of co-accused Shahrukh 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 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, Waseem 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. 375 of 2018, under Sections 376D, 328, 323, 506 of I.P.C. and Section 3/4 of the Protection of Children from Sexual Offences Act, Police Station-Pilkhua, District-Hapur with the following conditions :-

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

2. He will not tamper with the witnesses.

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

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 :- 8.7.2019

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