Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14205 of 2018 Applicant :- Madresh Opposite Party :- State Of U.P.
Counsel for Applicant :- Arun Kumar Tripathi,Jitendra Pal Singh,Pradeep Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Jitendra Pal Singh, learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 96/16, u/s 302, 397 IPC, P.S. Faridpur, District Bareilly with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the applicant is wholly innocent and he has not committed any offence; the F.I.R. was lodged against unknown persons; during investigation, evidence of last seen was collected against the applicant; the co-accused Shubham Singh has been granted bail by another Bench of this Court in Bail Application no. 26876 of 2016, therefore, the applicant is also entitled to be released on bail on the ground of parity.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Madresh involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 31.10.2018 Dhirendra/