Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13299 of 2018 Applicant :- Badri Prasad And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Jai Prakash Singh Counsel for Opposite Party :- G.A.,Om Narain Pandey
Hon'ble Vivek Kumar Singh,J.
Heard Sri Jai Prakash Singh, learned counsel for the applicants, Sri Om Narain Pandey, learned counsel for complainant and Sri Sanjay Singh, learned A.G.A.-I appearing for the State.
It has been contended by the learned counsel for the applicants that the co- accused Vijay having similar role has been granted bail by this Court vide order dated 03.01.2018 in Criminal Misc. Bail Application No. 50861 of 2017, a copy of said order has been annexed as Annexure No. 7 to the affidavit filed in support of bail application and the case of the applicant stands on identical footing, hence the applicants are also entitled for bail on the ground of parity. The applicants are in jail since 19.03.2018.
Learned counsel for complainant as well as learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by the learned counsel for the applicants.
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 applicants are entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicants Badri Prasad and Nanhe involved in Case Crime No. 2384 of 2017, under Sections 307, 323, 504 I.P.C., Police Station Sindhauli, District Shahjahanpur be released on bail on their 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 applicants will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. They will not tamper with the witnesses.
3. They 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 :- 26.7.2018 Arti