Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34601 of 2019 Applicant :- Harbind Kumar And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Kuldeep Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
It has been contended by the learned counsel for the applicant that the co-accused Santosh Kumar has been granted bail by this Court vide order dated 6.8.2019 in Criminal Misc. Bail Application No. 30438 of 2019 and the case of the applicants stands on identical footing, hence the applicants are also entitled for bail on the ground of parity. The applicants are in jail since 7.6.2019.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Bail order of aforesaid co-accused has been produced by the learned counsel for the applicants. The same is taken on record.
Without expressing any opinion on the merits of the case and 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, the applicants are entitled to be released on bail in this case.
Let the applicants Harbind Kumar and Narendra Kumar involved in Case Crime No.
172 of 2019 under Sections 147, 148, 452, 323, 336, 325, 427, 504, 506, 307 IPC Police Station Jaswant Nagar District Etawah be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicants will not tamper with the evidence during the trial.
(ii) The applicants will not pressurize/intimidate the prosecution witness.
(iii) The applicants 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 :- 26.8.2019 Atul kr. sri.