Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8881 of 2019 Applicant :- Manish Kumar @ Satish Patel And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamlesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Kamlesh Kumar Singh, learned counsel for the applicants, Sri Abhinav Prasad, learned AGA for the State and perused the material brought on record.
It has been contended by the learned counsel for the applicants that the co- accused Mangesh Chaubey @ Rider having similar role has been granted bail by this Court vide order dated 11.02.2019 in Criminal Misc. Bail Application No. 5930 of 2019, a copy of said order has been produced by the learned counsel for the applicants, 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 14.01.2019.
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.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let applicants Manish Kumar @ Satish Patel and Chandan Kumar Singh be released on bail in Case Crime No. 08 of 2019, under Section 3(1) U.P. Gangster Act and Anti Social Activities (Prevention) Act, 1986, Police Station- Chandauli, District- Chandauli on furnishing a personal bond and two sureties (Rs One Lac each) (One should be of a family member) each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicants will co-operate with the trial and remain present personally on each and every date fixed after release. (ii) The applicants will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicants will not indulge in any unlawful activities. (iv) The applicants will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.
Order Date :- 28.2.2019 Arti