Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56719 of 2019 Applicant :- Harpal Opposite Party :- State of U.P.
Counsel for Applicant :- Mohd. Jamshed Khan Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Mohd. Jamshed Khan, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the co-accused Jeeshan having similar role has been granted bail by this Court vide order dated 06.12.2019 in Criminal Misc. Bail Application No. 54149 of 2019, 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 is in jail since 11.10.2019.
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, 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 Harpal involved in Case Crime No. 442 of 2019, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention Act),1986, Police Station Bahjoi, District Sambhal be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
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 :- 19.12.2019 Arti