Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15167 of 2018 Applicant :- Mushtkeem Opposite Party :- State Of U.P.
Counsel for Applicant :- Gopeshwar Sahai Bisaria Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Gopeshwar Sahai Bisaria, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the co- accused Shareef Ahmad having similar role has been granted bail by this Court vide order dated 24.01.2018 in Criminal Misc. Bail Application No. 2533 of 2018 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 10.11.2017.
Learned A.G.A. opposed the prayer for bail.
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, 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 Mushtkeem involved in S.T. No. 1190 of 2008 arising out of Case Crime No. 818 of 2008, under Section 328, 414 I.P.C., Police Station Baradari, District Bareilly be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
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 :- 24.4.2018 Arti