Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48789 of 2018 Applicant :- Hamid Opposite Party :- State Of U.P.
Counsel for Applicant :- Naresh Chandra Tripahti Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Vakalatnama filed by Sri Amit Kumar Dixit, learned Advocate on behalf of informant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that identically placed co- accused Om Prakash Sahuhas been granted bail by another Bench of this Court on 30.11.2018 vide Criminal Misc. Bail Application No. 45787 of 2018. He further submits that the role of the applicant is not distinguishable with the role of co- accused, therefore, the applicant is also entitled for bail on the ground of parity. It is next submitted that the applicant is innocent and has been falsely implicated in the present case. He is languishing in jail since 28.8.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and also the bail order passed in respect of co-accused Om Prakash Sahu and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Hamid involved in Case Crime No. 178 of 2018, under Section 302, 201 IPC, P.S. Baberu, District Banda be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
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 he is accused, or suspected, of the commission of which he is 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 him 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 court below shall be at liberty to cancel the bail.
Order Date :- 20.12.2018 Sachdeva