Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43045 of 2018 Applicant :- Henrijohn @ Patrick Opposite Party :- State of U.P.
Counsel for Applicant :- Brij Lal Shukla,Arvind Kumar Tripathi Counsel for Opposite Party :- G.A.,Gaya Prasad Singh
Hon'ble Sudhir Agarwal,J.
1. Sri Arvind Kumar Tripathi, learned counsel for the applicant and learned A.G.A. appearing for State.
2. The present bail application has been moved by accused- applicant for enlarging him on bail in Case Crime No. 219 of 2017, under Sections 419, 420, 467, 468, 471 IPC, Police Station Gorakhnath, District Gorakhpur.
3. Learned counsel for applicant submitted that applicant has been falsely implicated in the present case. Co-accused Iftikhar Dada Bhai Shekh and Aza Bokero @ Devid Williams have been enlarged on bail by Co-ordinate Bench of this Court vide orders dated 05.9.2018 and 19.11.2019 passed in Criminal Misc. Bail Application Nos.19603 of 2018 and 44651 of 2018 respectively and therefore applicant is also entitled to be enlarged on bail on the ground of parity; There is no chance of applicant of fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not seek any unnecessary adjournment during trial. The applicant is having no criminal antecedents. The applicant is in jail since 24.9.2018 and in case he is enlarged on bail, he will not misuse liberty of bail.
4. Learned A.G.A. has opposed the prayer for bail.
5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.
6. The application is allowed.
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7. Let applicant, Henrijohn @ Patrick involved in Case Crime No. 219 of 2017, under Sections 419, 420, 467, 468, 471 IPC, Police Station Gorakhnath, District Gorakhpur be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The applicant will not temper with the evidence during trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before Trial Court on the date fixed.
(iv) The applicant shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.
8. In case of breach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.
Order Date :- 27.11.2019 KA