Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36397 of 2018 Applicant :- Mukesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Rakesh Kumar Verma, learned counsel for the applicant and Sri R.S. Parihar, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the co-accused Sanjeev has been granted bail by this Court on 24.09.2018 in Criminal Misc. Bail Application No. 36059 of 2018, a copy of said order has been produced by the learned counsel for the applicant today in the court, 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 has no criminal history. The applicant is in jail since 15.07.2018.
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.
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 and reformative theory of punishment, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Mukesh involved in Case Crime No. 241 of 2018, under Sections 363, 511, 452 I.P.C. and Section 3 (2) (Va) SC/ST Act, Police Station Asmoli, District Sambhal be released on bail on their furnishing personal bonds with 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.
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 :- 25.9.2018 Md Faisal