Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17689 of 2016 Applicant :- Kishmat @ Radhesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Sharma,Sunil Kumar Counsel for Opposite Party :- G.A.,Surendra Prasad Mishra
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Sunil Kumar, learned counsel for the applicant, learned A.G.A. appearing for the State and perused the record.
2. The present bail application has been moved by the accused- applicant for enlarging him on bail in S.T.No.357 of 2016 arising out of Case Crime No. 377 of 2015, under Section 302 IPC, Police Station Hasanpur, District Amroha (J.P.Nagar).
3. Learned counsel for applicant submits that applicant is not named in the FIR and another person Babu, who was named in the FIR, has been granted bail by this Court vide order dated 05.04.2019 passed in Crl. Misc. 2nd Bail Application No.44663 of 2018 and therefore applicant is entitled to be released on bail on the ground of parity. There are no chances of applicant of fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not seek any unnecessary adjournment during trial. The applicant is having no criminal antecedents. The applicant is in jail since 28.07.2015 and in case he is enlarged on bail, he will not misuse liberty of bail.
4. Learned A.G.A. has opposed the prayer for bail.
5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.
6. The application is allowed.
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7. Let applicant, Kishmat alias Radhesh involved in S.T.No.357 of 2016 arising out of Case Crime No. 377 of 2015, under Section 302 IPC, Police Station Hasanpur, District Amroha (J.P.Nagar) be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The applicant will not temper with the evidence during trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before Trial Court on the date fixed.
(iv) The applicant shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.
8. In case of breach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.
Order Date :- 31.5.2019 KA