Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32244 of 2018 Applicant :- Keshwa Opposite Party :- State Of U.P. Counsel for Applicant :- Ashok Gupta Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Ashok Gupta, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the co- accused Lallu Ram and Lakhna & Pankaj having similar role have been granted bail by this Court vide orders dated 22.03.2017 and 28.04.2017 in Criminal Misc. Bail Application Nos. 5122 of 2017 and 15441 of 2017, a copy of said order has been annexed as Annexure No. 5 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 27.05.2018.
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.
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 applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Keshwa involved in Case Crime No. 553 of 2016, under Sections 147, 148, 323, 308, 504, 506, 427 I.P.C., Police Station Kotwali Nagar, District Banda be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
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 :- 24.8.2018 Arti