Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31760 of 2018 Applicant :- Abid Hussain Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
Sri Rahul Kumar Sharma and Sri Vikas Srivastava, Advocates have filed Vakalatnama on behalf of the informant, which is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State & Sri Rahul Kumar Sharma and Sri Vikas Srivastava, learned counsels for the informant and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Abid Hussain with a prayer to release him on bail in Case Crime No.271 of 2016, under Sections 406, 420, 467, 471 and 120B I.P.C., Police Station-Musran, District Hathras, during pendency of trial.
Learned counsel for the applicant has contended that the co-accused Rahasveer Singh has been granted bail by this Court on 30.11.2017 in Criminal Misc. Bail Application No.42079 of 2017, a copy of the said order has been produced by the learned counsel for the applicant. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 29.6.2018. There is no previous criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned AGA has opposed the prayer for bail, but does not dispute the claim of parity.
Let the applicant Abid Hussain involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 21.8.2018 Ruchi Agrahari