Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41152 of 2019 Applicant :- Giriraj Opposite Party :- State of U.P.
Counsel for Applicant :- Lalit Kumar Tripathi,Syed Mohammad Abbas Abdy Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Counter affidavit filed by learned AGA is taken on record.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
Submission is that co-accuseds, Mohit, Monu@ Jai Singh Upadhyay, Gajendra Singh and Surendra have been enlarged on bail by this Court. Allegation upon the applicant is that he sold the victim to co-accused, Summeri and the co-accused, Summeri, has also been enlarged on bail vide order dated 24.07.2019 in Criminal Misc. Bail Application No.37677 of 2018. The prayer for release of the applicant on bail on the ground of parity has been made. The applicant is languishing in jail since 01.08.2018.
On the other hand learned AGA opposed the prayer for bail.
Considering the submissions of the learned counsel for the parties, the fact that the identically placed co-accused has already been released on bail by this Court, without expressing any opinion on the merits of the case, the Court is of the view that it is a fit case for bail. The bail application is allowed.
Let the applicant, Giriraj, involved in case crime No.369 of 2018, under sections 370, 366, 376, 323, 34 I.P.C, Police Station Aanwala, District Bareilly 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 applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 29.11.2019 SS