Kallu and Another v. State of U.P

Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41911 of 2023 Applicant :- Kallu And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ajeet Srivastava Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.

¶1Heard learned counsel for the applicants and learned A.G.A. for the State and perused the material on record.

¶2By means of this application, the applicants,Kallu and Mustkim, who are involved in Case Crime No. 117 of 2023 under section 8/20 N.D.P.S. Act, P.S. Mirzapur, District Saharanpur and are in jail since 1208.2023, are seeking enlargement on bail during the trial.

¶3It is submitted by learned counsel for the applicants that similarly placed co-accused, Wasid @ Waseeb, has already been enlarged on bail by another bench of this Court by order dated

26.09.2023 passed in Criminal Misc. Bail Application No. 38436 of 2023. He has further submitted that since the role of the applicants are identical to that of co-accused, Wasid @ Waseeb, who has already been enlarged on bail, they are also entitled to be enlarged on bail on the ground of parity and for the reasons given in the order of co-accuseds.

¶4The prayer for bail has vehemently been opposed by learned A.G.A.

¶5Considering the submissions made by learned counsel for the applicants as well as learned A.G.A., this Court is of the view that the applicants have made out a case for grant of bail on the ground of parity. In view of the above, let the applicants 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 with the following conditions :-

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

¶2They will not tamper with the witnesses.

¶3They 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 he is accepted. In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail. Order Date :- 27.10.2023 RPD High Court of Judicature at Allahabad