Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38639 of 2018 Applicant :- Deepak And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.,Rakesh Kumar Singh
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sunil Kumar, learned counsel for the applicants, Sri Rakesh Kumar Singh, learned counsel for the complainant, Sri M.P. Singh Gaur, learned A.G.A. for the State and perused the material brought on record.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 156 of 2018 under Sections 147, 148, 149, 323, 324, 325, 326 and 307 I.P.C., P.S.
Pahasu, District Bulandshahar.
Learned counsel for the applicants has contended that accused applicants have been falsely implicated in the present case. It is submitted that co-accused Jaipal Singh and Sonu @ Ved Prakash's role are identical to the role assigned to Deepak and Satyaveer who are the present accused applicants. The main role of causing injury to the wife of the complainant is assigned to Rajesh and present accused have been assigned the role of beating Gyan Devi and Dhan Devi with 'lathi-danda' with an intention to kill. Both the co-accused have already been granted bail by co-ordinate Bench of this Court in Crl. Misc. Bail Application No. 30121 of 2018 (Jaipal Singh Vs. State of U.P.) and Crl. Misc. Bail Application No. 32142 of 2018 (Sonu @ Ved Prakash) vide orders dated 14.09.2018 and 17.09.2018 respectively, hence, on parity, the accused applicants be granted bail; the accused applicants are in jail since 21.08.2018, if the accused applicants are released on bail, they will not misuse the liberty of bail.
Learned counsel for the complainant and learned A.G.A. have opposed the bail but could not controvert the aforesaid facts.
Looking to the quantum of the punishment, nature of the offence, period of detention in jail and ground of parity with the co-accused, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicants Deepak and Satveer involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants 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 applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.10.2018 A. Mandhani