Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32538 of 2018 Applicant :- Krishna Kumar Dubey @ Babau Opposite Party :- State Of U.P.
Counsel for Applicant :- Neeraj Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Krishna Kumar Dubey @ Babau with a prayer to release him on bail in Case Crime No. 30 of 2018, under Sections 395, 412 IPC, P.S. Sarai Mamrej, District - Allahabad, during pendency of trial.
Learned counsel for the applicant has contended that the co-accused Kanhaiya Singh has been granted bail by this Court on 16.7.2018 in Criminal Misc. Bail Application No.26369 of 2018, a copy of the said order has been produced by the learned counsel for the applicant. 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 languishing in jail since 20.3.2018. Criminal history of the applicant has been explained in paragraph No. 7 of the affidavit in support of the bail application. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned AGA has opposed the prayer for bail, but does not dispute the claim of parity.
Let the applicant Krishna Kumar Dubey @ Babau involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.8.2018 Ruchi Agrahari