Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40865 of 2019 Applicant :- Basharat Opposite Party :- State Of U.P.
Counsel for Applicant :- Karunesh Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It has been contended by the learned counsel for the applicant that the co-accused Himtaj has been granted bail by this Court vide order dated 24.9.2019 in Criminal Misc. Bail Application No.38999 of 2019 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 30.6.2019.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Bail order of aforesaid co-accused has been produced by the learned counsel for the applicant. The same is taken on record.
Without expressing any opinion on the merits of the case and 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.
Let the applicant Basharat involved in Case Crime No. 293 of 2019 under Section 307 IPC Police Station Dhanghata, District Sant Kabir Nagar 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:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before the trial Court on the date fixed.
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 :- 30.9.2019 Atul kr. sri.