Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31809 of 2018 Applicant :- Smt. Madhuri And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Brajesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Brajesh Kumar Singh, learned counsel for the applicants and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicants that the co- accused Smt. Rashmi having similar role has been granted bail by this Court vide order dated 14.08.2018 in Criminal Misc. Bail Application No. 30632 of 2018, a copy of said order has been produced by the learned counsel for the applicant, which is taken on record and the case of the applicants stand on identical footing, hence the applicants are also entitled for bail on the ground of parity. The applicants are in jail since 21.03.2017.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by the learned counsel for the applicants.
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.
Without expressing any opinion on the merits of the case let the applicants Smt. Madhuri and Smt. Gayantri involved in Case Crime No. 231 of 2018, under Section 60(2) of U.P. Excise Act and Section 272 I.P.C., Police Station Sachendi, District Kanpur Nagar 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:-
1. The applicants will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. They will not tamper with the witnesses.
3. They 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 :- 21.8.2018 Arti