Court No. - 49 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14509 of 2010 Petitioner :- Diggo @ Digambar And Another Respondent :- State Of U.P. Petitioner Counsel :- Viveka Nand Rai Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
It has been contended by learned counsel for the applicants that co-accused
Kishori has been granted bail by this court vide order dated 30.07.2009 passed
in Criminal Misc. Bail Application no. 15674 of 2009 and since the role of the
applicant is identical to that of the co-accused Kishori, the applicants are also
entitled to bail on the ground of parity.
It was next contended that the applicants are in jail since 20.01.2009
The aforesaid factual position is not disputed by the learned A.G.A.
Considering the nature of submissions made by learned counsel for the
applicants, this Court is of the view that the applicants are entitled to be
enlarged on bail on the ground of parity during the pendency of the trial.
Let the applicants Diggo @ Digambar and Dhyani involved in case crime no.
12 of 2009 under Sections 392 and 411 I.P.C. P.S. Chhatta District Mathura,
be released on bail on their executing a personal bond and furnishing two
sureties each in the like amount to the satisfaction of the court concerned
subject to the following conditions:-
I. The applicants shall record their attendance before the concerned
C.J.M. On the 7th day of every month.
II. The applicants shall not tamper with the prosecution evidence.
III.The applicants shall co-operate in the early conclusion of the trial
and will not seek any unnecessary adjournment.
In case of breach of any of the above conditions, the trial court
will be at liberty to cancel their bail.
Order Date :- 13.7.2010
YK