Ritik and Another v. State of U.P

Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48618 of 2023 Applicant :- Ritik And Another Opposite Party :- State of U.P. Counsel for Applicant :- Kamlesh Kumar Tiwari,Himanshu Shukla Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.

¶1Heard learned counsel for the applicants; Sri Kamlesh Kumar Tiwari, learned counsel for the informant and learned A.G.A. for the State and perused the material on record.

¶2By means of this application, the applicants, Ritik and Vishal, who are involved in Case Crime No. 06 of 2023 under Sections 302, 201, 34 I.P.C., Police Station Kotwali, District Jhansi and are in jail since 17.01.2023 are seeking enlargement on bail during the trial.

¶3It is submitted by learned counsel for the applicants that similarly placed co-accused, Rahul Bhagat Ahirwar @ Bhagat, has already been enlarged on bail by this Court by order dated

11.7.2023 passed in Criminal Misc. Bail Application No. 24885 of 2023. He has further submitted that since the role of the applicants are identical to that of co-accused, Rahul Bhagat Ahirwar @ Bhagat, 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.

¶6In 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 :-

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

(ii) They will not tamper with the witnesses.

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

¶7It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before he is accepted.

¶8In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail. Order Date :- 17.11.2023 Rohit High Court of Judicature at Allahabad