Court No. - 51
1. Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24918 of 2021 Applicant :- Jagdish Singh And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Manoj Kumar Srivastava,Anil Kumar Srivastava (Senior Adv.) Counsel for Opposite Party :- G.A.
2. Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27144 of 2021 Applicant :- Prabhu Narayan And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Manoj Kumar Srivastava,Anil Kumar Srivastava (Senior Adv.) Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Exemption application is allowed.
Since these bail applications arise out of same case crime number, they have been heard together and are being decided by a common order.
Heard learned counsel for the applicants, learned counsel for informant as well as the learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicants that co-accused Pawan Kumar Singh and Prince Singh alias Anshu Singh have been granted bail by this Court vide orders dated 16.07.2021 and 27.07.2021 passed in Criminal Misc. Bail Application Nos. 25147 of 2021 and 25101 of 2021. He further submits that since the role of the applicants are not distinguishable with the role of co-accused, therefore, the applicants are also entitled for bail. It is further submitted that applicants have no previous criminal history. They are languishing in jail since 08.04.2021 and 03.04.2021.
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, the fact that co-accused have already been released on bail by this Court 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 applications are allowed.
Let the applicants Jagdish Singh, Sunil Singh, Prabhu Narayan Singh and Omkar Singh involved in Case Crime No. 58 of 2021, under Sections 147, 323, 304 IPC, P.S. Baburi, District - Chandauli be released on bail on furnishing each 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 applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 them 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 prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 30.7.2021 Sanjeet