Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36408 of 2018 Applicant :- Guddu Opposite Party :- State Of U.P. Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Bharat Singh, learned counsel for the applicant, Sri Shashi Shekhar Tiwari, learned AGA for the State and perused the material brought on record.
It has been contended by the learned counsel for the applicant that the co- accused Usman and Amil having similar role have been granted bail by this Court vide orders dated 28.05.2015 and 29.05.2018 in Criminal Misc. Bail Application Nos. 20036 of 2018 and 20228 of 2018 respectively, a copy of said orders have been annexed as Annexure No. 7 to the affidavit filed in support of bail application 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 is in jail since 31.07.2018.
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.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let applicant Guddu be released on bail in Case Crime No. 204 of 2018, under Sections 147, 148, 149, 323, 307, 504 IPC, Police Station- Binawar, District- Badaun 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 after release. (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. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
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 :- 25.9.2018 Arti