Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31363 of 2018 Applicant :- Mithai Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamlesh Kumar Tiwari Counsel for Opposite Party :- G.A.,Hari Pratap Gupta
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed on behalf of opposite party, is taken on record.
Heard Sri Kamlesh Kumar Tiwari, learned counsel for the applicant, Sri Hari Pratap Gupta, learned counsel on behalf of opposite party and Sri Sanjay Singh, learned AGA-I for the State and perused the material brought on record.
It has been contended by the learned counsel for the applicant that applicant is aged about 70 years and he has not committed any offence as stated by the prosecution. It is also contended that the co-accused Bal Kishun has already been granted bail by this Court vide order dated 07.09.2018 in Criminal Misc. Bail Application No. 34092 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 applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 18.07.2018.
Learned counsel for opposite party as well as learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by the learned counsel for the applicant.
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 applicant Mithai be released on bail in Case Crime No. 196 of 2018, under Sections 147, 308, 323, 452, 504, 506 IPC, Police Station- Gola, District- Gorakhpur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release. (ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant 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 applicant to prison.
Order Date :- 17.9.2018/Arti