Allahabad High Court
Smt.Santari Devi vs State Of U.P. on 15 June, 2010
Author: Bala Krishna Narayana
Bench: Bala Krishna Narayana
Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10739 of 2010 Petitioner :- Smt.Santari Devi Respondent :- State Of U.P. Petitioner Counsel :- Mahipal Singh Respondent Counsel :- Govt Advocate Hon'ble Bala Krishna Narayana,J.
Counter affidavit has been filed today by learned AGA be kept on record.
Heard learned counsel for the applicant and the learned AGA.
It has been contended by learned counsel for the applicant that co-accused Ami Chand has been granted bail by this court vide order dated 27.5.2010 passed in Criminal Misc. Bail Application No. 13686 of 2010 and since the role of the applicant is identical to that of the co-accused Ami Chand, the applicant is also entitled to bail on the ground of parity.
It is next contended that the applicant is in jail since 22.2.2010.
The aforesaid factual position is not disputed by the learned AGA.
Considering the nature of submissions made by learned counsel for the applicant, 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 Smt. Santari Devi involved in case crime no. 30/2010, under Sections 304-B, 498-A I.P.C. and 3/4 D.P. Act, P.S. Badhapur, District Bijnor 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 subject to the following conditions:-
1. The applicant shall record her attendance before the concerned C.J.M. on the 7th day of every month.
2. The applicant shall not tamper with the prosecution evidence.
3. The applicant shall co-operate in the early conclusion of the trial and will not seek any unnecessary adjournment.
Order Date :- 15.6.2010 AKG/-