Court No. - 49 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15398 of 2010 Petitioner :- Shankar Respondent :- State Of U.P. Petitioner Counsel :- Rajeev Kumar Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It has been contended by learned counsel for the applicant that co-accused
Kallu has been granted bail by this court vide order dated 08.07.2010 passed
in Criminal Misc. Bail Application no. 15585 of 2010 and since the role of the
applicant is identical to that of the co-accused Kallu, the applicant is also
entitled to bail on the ground of parity.
It has further been contended that the applicant is in jail since 15.01.2010.
The aforesaid factual position is not disputed by the learned A.G.A.
Considering the nature of submissions made by learned counsel for the
applicant, without expressing any opinion on merits of the case, this Court is
of the view that the applicant is entitled to be enlarged on bail on the ground
of parity during the pendency of the trial.
Let the applicant Shankar S/o Sri Bhagvanta involved in case crime no. 380 of
2009 under Sections 364-A and 120-B I.P.C. P.S. Nauhjheel District Mathura,
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
subject to the following conditions:-
I. The applicant shall record his attendance before the concerned C.J.M. On
the 7th day of every month.
II. The applicant shall not tamper with the prosecution evidence.
III.The applicant 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 the bail.
Order Date :- 14.7.2010
YK