Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23957 of 2018 Applicant :- Kallu And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.,Jay Singh Yadav
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned A.G.A. for the State and Shri Jay Singh Yadav, learned counsel for the informant.
It has been contended by the learned counsel for the applicants that the co-accused Waseem and Jumman have been granted bail by this Court vide orders dated 25.9.2019 and 19.9.2019 in Criminal Misc. Bail Application Nos. 39316 of 2019 and 37448 of 2019 respectively and the case of the applicants stands on identical footing, hence the applicants are also entitled for bail on the ground of parity. The applicants are in jail since 26.3.2018.
Learned A.G.A. and learned counsel for the informant have opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicants.
Bail order of aforesaid co-accused have been produced by the learned counsel for the applicants. The same is taken on record.
Without expressing any opinion on the merits of the case and 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, the applicants are entitled to be released on bail in this case.
Let the applicants Kallu and Sakir involved in Case Crime No. 161 of 2018 under Sections 147, 323, 504, 506, 302, 201, 120-
B IPC Police Station Kotwali Lalitpur, District Lalitpur be released on bail on their furnishing a personal bond with 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.
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 :- 30.9.2019 Atul kr. sri.