Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20521 of 2018 Applicant :- Gorakh Yadav @ Kripashankar Opposite Party :- State Of U.P.
Counsel for Applicant :- Preetam Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Preetam Yadav, learned counsel for the applicant and Sri Saral Singh, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant was not named in the first information report and his name has come into light during the course of investigation. It is further submitted that no incriminating article has been recovered from the possession of the applicant. It is further submitted that co- accused Rahul Singh @ Abhay Singh has been granted bail by another Bench of this Court on 27.2.2018 in Criminal Misc. Bail Application No.7713 of 2018, a copy of said order has been produced by the learned counsel for the applicant, which is taken on record 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 has no criminal history. The applicant is in jail since 17.1.2018.
Learned A.G.A. opposed the prayer for bail, but could not dispute the aforesaid fact as argued by the learned counsel for the applicant.
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 and reformative theory of punishment, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Gorakh Yadav @ Kripashankar involved in Case Crime No.1388 of 2017, under Sections 147, 148, 149, 323, 504, 307 I.P.C., Police Station Kerakat, District Jaunpur be released on bail on his furnishing personal bonds 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 :- 30.5.2018 Dev/-