Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39541 of 2019 Applicant :- Dharmendra Opposite Party :- State of U.P.
Counsel for Applicant :- Abha Gupta Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
As per office report dated 21.10.2019, notice on opposite party No.2 has been served, but no one appears on his behalf to oppose this bail application.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Dharmendra, with a prayer to release him on bail in Case Crime No. 264 of 2017, under Section 363, 366, 376 I.P.C. and 3/4 POCSO Act, Police Station Sachandi, District Kanpur Nagar during pendency of trial.
Learned counsel for the applicant has contended that the co-accused, Arjun @ Nanhe, has been granted bail by this Court on 28.5.2019 in Criminal Misc. Bail Application No.2242 of 2019. 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 languishing in jail since 02.6.2017. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned AGA has opposed the prayer for bail, but does not dispute the claim of parity.
Let the applicant involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant 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 applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 29.11.2019 Ruchi Agrahari