Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7030 of 2018 Applicant :- Guddu Karkandar @ Salim Opposite Party :- State Of U.P.
Counsel for Applicant :- Gajendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Shri Gajendra Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It is submitted by learned counsel for the applicant that applicant has been falsely implicated due to ulterior motive. It is further submitted that the case of applicant is exactly identical to co-accused Raju @ Riyaz and Saeed-Ur-Rehman @ Sukha, who have been granted bail by this Court vide orders dated 22.02.2018 and 05.01.2018 in Criminal Misc. Bail Application Nos. 6959 and 355 of 2018 respectively, and in view of this, applicant is also entitled to bail on the ground of parity. It is also submitted that applicant who is in jail since 21.11.2017 has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. while opposing the prayer for bail has not disputed that aforesaid co-accused have been granted bail.
Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case and without commenting on the merits of the case, I find it to be a case of bail.
Let applicant Guddu Karkandar @ Salim be released on bail in Case Crime No. 340 of 2017, under Sections 376D, 392, 498, 506 I.P.C., P.S. Nawabganj, District Bareilly, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 23.2.2018 /Bhanu