Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35757 of 2018 Applicant :- Jahoora Pathan Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravindra Balkrishna Kanhere Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Ravindra Balkrishna Kanhere, learned counsel for the applicant, Sri Abhinav Prasad, learned AGA for the State and perused the material brought on record.
It has been contended by the learned counsel for the applicant that the co- accused Mahesh Chandra and Nirbhay Singh Gujar having similar role have been granted bail by this Court vide orders dated 23.02.2018 and 24.04.2018 in Criminal Misc. Bail Application Nos. 49082 of 2017 and 15143 of 2018 respectively, a copy of said orders have been annexed as Annexure Nos. 6 and 7 to the affidavit filed in support of 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 is in jail since 28.07.2018.
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.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let applicant Jahoora Pathan be released on bail in Case Crime No. 560 of 2017, under Sections 364A, 120B IPC, Police Station- Fatehpur Sikri, District- Agra on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release. (ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 20.9.2018 Arti