Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7084 of 2018 Applicant :- Brij Bihari Gupta And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Shri Prakash Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Shri Prakash Dwivedi, learned counsel for the applicants and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicants that the co- accused Deepankar Singh @ Diwakar Singh and Santosh Kol having similar role have been granted bail by this Court vide order dated 15.02.2018 in Criminal Misc. Bail Application No. 5575 of 2018 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 03.01.2018.
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 applicants are entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicants Brij Bihari Gupta and Jay Niwas @ Lala involved in Case Crime No. 471 of 2017, under Section 457, 380, 411 I.P.C., Police Station Lalganj, District Mirzapur be released on bail on their furnishing a personal bond with two sureties (for applicant no. 1) and two local sureties (for applicant no. 2) 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 :- 23.2.2018 Arti Sharma