Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7558 of 2018 Applicant :- Iqbal Opposite Party :- State Of U.P. Counsel for Applicant :- Nasiruzzaman Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Nasiruzzaman, learned counsel for the applicant and Sri Ravi Singh Parihar, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the co-accused Harun and Khurshid Khan have been granted bail by another Bench of this Court on 28.10.2013 and 18.2.2014 in Criminal Misc. Bail Application Nos.31831 of 2013 and 3303 of 2014, a copy of said orders has been annexed as annexure-3 to the affidavit accompanying this 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 has no previous criminal history. The applicant is in jail since 2.8.2017.
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 and reformative theory of punishment, 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 Iqbal involved in Case Crime No.272 of 2012 (SST No.555/2013), under Section 395 I.P.C., Police Station Shahganj, District Agra be released on bail on his furnishing personal bonds with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant 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 :- 27.2.2018 Dev/-