Anil @ Chhotu Kushwaha vs State of U.P.

Heard learned counsel for the applicant and the learned A.G.A.

This is second bail application moved on behalf of the applicant Anil @ Chhotu Kushwaha. His first bail application bearing No. 29919 of 2011 has been rejected by this court on 8.11.2011.

It is submitted by learned counsel for the applicant that in the present case the coaccused Ravindra Rajput whose case is based on the similar footing with the case of the applicant has been released on bail by the another bench of this court on 3.1.2013 in Criminal Misc. Bail Application No. 3794 of 2012. The allegation against the applicant and other coaccused person is that they had made a confessional statement before the police and at their pointing out some looted articles have been recovered. In such circumstances, the applicant is also entitled to get the benefit of parity.

In reply of the above contention, it is submitted by learned A.G.A. that coaccused Ravindra Rajput has been released on bail by the another bench of this court on 3.01.2013.

Considering the fact, circumstances of the case and from the perusal of the record it appears that in the present case the coaccused Ravindra Rajput has been released on bail by the another bench of this court. The allegation against the applicant is also based on the similar footing with the case of the above mentioned coaccused. Therefore, the applicant is also entitled to get the benefit of the parity.

Let the applicant Anil @ Chhotu Kushwaha involved in case crime no. 41 of 2011 under Sections 302, 394, 411 I.P.C., P.S. Chirgaon, District Jhansi be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the Court concerned.

(i) He shall not intimidate any witnesses in any manner.

(ii) He will cooperate in the trial and will remain present before the trial Court on the date fixed in the matter.

(iii) He will not misuse the liberty of the bail and will not repeat any such incidents in future.

In case of breach of any of the above conditions, the trial Court will be at liberty to cancel the bail of the applicant.