Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20352 of 2018 Applicant :- Aslam Shekh Opposite Party :- State Of U.P.
Counsel for Applicant :- Brijesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Brijesh Kumar Srivastava, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the co- accused Teju, Hafijullah and Wahid Ali having similar role have been granted bail by this Court vide orders dated 15.06.2017, 13.04.2017 and 08.05.2017 in Criminal Misc. Bail Application Nos. 21629 of 2017, 13032 of 2017 and 13731 of 2017 respectively and 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 in jail since April, 2018.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Aslam Shekh involved in Case Crime No. 01 of 2017, under Sections 147, 148, 149, 307, 435, 436, 395, 397, 323, 504, 506, 332, 353, 427, 186, 336, 34, 452 and 120-B I.P.C. and 3/4 P.P.D.A. Act, 1984 and 7 C.L.A Act, 1932, Police Station Madanpur, District Deoria be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.5.2018 Arti