Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31978 of 2018 Applicant :- Manoj Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Anant Prakash Mishra,Om Prakash Chaurasia Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Sri Nirvikalp Pandey, Advocate, has filed vakalatnama on behalf of the informant and counter affidavit in reply to the affidavit filed in support of the bail application, the same are taken on record.
Heard learned counsel for the applicant, learned AGA for the State as well as Sri Nirvikalp Pandey, learned counsel for the informant and perused the material placed on record.
The argument is that the co-accused Wakil Yadav has been enlarged on bail vide order dated 14.08.2018 in Criminal Misc. Bail Application No.17910 of 2018. The prayer for release of the applicant on bail on the ground of parity has been made. The applicant is languishing in jail since 02.07.2018.
On the other hand learned AGA opposed the prayer for bail.
Considering the submissions of the learned counsel for the parties, the fact that the identically placed co-accused has already been released on bail by this Court, without expressing any opinion on the merits of the case, the Court is of the view that it is a fit case for bail. The bail application is allowed.
Let the applicant Manoj Yadav, involved in case crime No.20 of 2018, under sections 147, 148, 149, 336, 427, 436, 323, 325, 452, 504, 506, 120-B, 34 I.P.C, Police Station Khanpur, District Ghazipur 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 that :-
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. The applicant shall comply with conditions under Section 437(3) Cr.P.C.
6. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 23.8.2018 SS