Bala Krishna Narayana, J.:— Heard learned counsel for the applicant and learned A.G.A for the State and perused the material on record.
2. By means of this application, the applicant who is involved in Case Crime No. 237 of 2013, under sections 147, 148, 149, 302, 307, 394, 411, 454, 506, 120B and 34 I.P.C, P.S Kavinagar, district-Ghaziabad and is in jail since 22.3.2013, is seeking enlargement on bail during the trial.
3. It is submitted by learned counsel for the applicant that similarly place coaccused Ashok Kumar has already been enlarged on bail by this Court by order dated 23.9.2013 passed in Criminal Misc. Bail Application No. 21876 of 2013. He further submitted that since the role of the applicant is identical to that of co-accused Ashok Kumar who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. The prayer for bail has vehemently been opposed by learned A.G.A and submitted that the applicant has a long criminal history. In reply learned counsel for the applicant submitted that the criminal history of the applicant has been explained in paragraph 10 to the affidavit accompanying this bail application.
4. Considering 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.
5. In view of the above, let the applicant, Mitthan Yadav 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 in Case Crime No. 237 of 2013, under sections 147, 148, 149, 302, 307, 394, 411, 454, 506, 120B and 34 I.P.C, P.S Kavinagar, district-Ghaziabad with the following conditions:—
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.