Pankaj vs State Of U.P.
2019 Latest Caselaw 5766 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18624 of 2019
 

 
Applicant :- Pankaj
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Shailendra Kumar Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ajit Singh,J.

Counter affidavit filed in court today is taken on record.

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. 19 of 2019 under Sections 392, 411 I.P.C., Police Station-Kuthaund, District-Jalaun and is in jail since 15.02.2019, is seeking enlargement on bail during the trial.

It is submitted by learned counsel for the applicant that one mobile was recovered from the possession of the present accused however there is no public witness of the alleged recovery and similarly placed co-accused Dinesh Chandra @ Bhura has already been enlarged on bail by coordinate Bench of this Court vide order dated 29.05.2019 passed in Criminal Misc. Bail Application No. 16111 of 2019, copy whereof has been produced by counsel for the applicant. All the offences are triable by court of Magistrate. He further submitted that since the role of the applicant is identical to that of co-accused Dinesh Chandra @ Bhura 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, Pankaj 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. 19 of 2019 under Sections 392, 411 I.P.C., Police Station-Kuthaund, District-Jalaun 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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