Kislawati v. State of U.P

Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46444 of 2023 Applicant :- Kislawati Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Zafar Yab Khan,Shahroze Khan Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.

¶1Heard learned counsel for the applicant; Sri Mata Pher Tiwari, learned counsel for the informant and learned A.G.A. for the State and perused the material on record.

¶2Vakalatnama filed by Sri Mata Pher Tiwari, counsel for the informant is taken on record.

¶3By means of this application, the applicant, Kislawati, who is involved in Case Crime No. 63 of 2023, under Sections 302, 307, 323, 325, 504, 506 I.P.C. registered at P.S. Jogiya Udaipur, District Siddharth Nagar and is in jail since 25.05.2023 is seeking enlargement on bail during the trial.

¶4It is submitted by learned counsel for the applicant that similarly placed co-accused, Sonam Alias Golki, has already been enlarged on bail by this Court by order dated 21.9.2023 passed in Criminal Misc. Bail Application No. 36282 of 2023. He has further submitted that since the role of the applicant is identical to that of co-accused, Sonam Alias Golki, who has already been enlarged on bail, she is also entitled to be enlarged on bail on the ground of parity and for the reasons given in the order of co-accused.

¶5The prayer for bail has vehemently been opposed by learned A.G.A.

¶6Considering 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.

¶7In view of the above, let the applicant be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-

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

ii) She will not tamper with the witnesses.

iii) She will not indulge in any illegal activities during the bail period.

¶8It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before she is accepted.

¶9In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail. Order Date :- 2.11.2023 Rohit High Court of Judicature at Allahabad