Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49576 of 2017 Applicant :- Jay Singh Chero And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Mishra,Ashok Kumar Srivastava Counsel for Opposite Party :- G.A.,Durgesh Kumar Singh,Jyoti Prakash
Hon'ble Rajul Bhargava,J.
Heard Sri Surendra Tiwari, Sri Avnish Tiwary, learned counsel for the applicants, learned A.G.A. and perused the record.
The present bail application has been filed by the applicants in Case Crime No. 30 of 2017, u/s 147, 148, 149, 302, 504 IPC, P.S. Rampur Barkoniya, District Sonebhadra with the prayer for enlarging them on bail.
It is submitted by learned counsel for the applicants that the co-accused namely Dharmu Dhangar and Achhelal Dhangar, who have also been assigned Lathi Danda, which, they used in the commission of murder, have already been granted bail by another Bench of this Court vide order dated 19.4.2018 in Bail Application no. 1542 of 2018. Beside aforesaid co- accused, Vinod Dhangar and Sambhu Dhangar, who were allegedly armed with axe, have been granted bail in Bail Application no. 20841 of 2018. It is argued that case of the applicant stands at par with that of the co- accused, who have been granted bail by another Bench of this Court, therefore the applicant also deserves to the enlarged on bail on the ground of parity. The applicant is in jail since 13.7.2017.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicants and without expressing any opinion on the merits of the case the applicants are entitled to be released on bail.
Let the applicants Jay Singh Chero and Vijay Chero involved in the aforesaid case crime number be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicants will not tamper with the evidence during the trial.
(ii) The applicants will not pressurize/ intimidate the prosecution witness.
(iii) The applicants will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.10.2018 Dhirendra/