Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32191 of 2018 Applicant :- Nand Kishor Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajeev Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 280 of 2017, under Section 147, 148, 323, 304, 504, 506 I.P.C., P.S.-
Pipiganj, District- Gorakhpur, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that similarly placed co-accused, Deepak has already been enlarged on bail by this Court vide order dated 18.04.2018 passed in Criminal Misc. Bail Application No. 14195 of 2018. He further submitted that since the role of the applicant is identical to that of co-accused, Deepak, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.
The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of the matter has not been disputed by him.
Considering the submissions made by learned counsel for the parties, this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.
Let the applicant, Nand Kishor be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 280 of 2017, under Section 147, 148, 323, 304, 504, 506 I.P.C., P.S.- Pipiganj, District- Gorakhpur, subject to the following conditions:-
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the learned counsel for the informant is free to move an application for cancellation of bail before this Court.
However, it is directed that the aforesaid case crime number pending before the concerned court below be decided expeditiously, as early as possible in accordance with Section 309 Cr.P.C. and in view of principle as has been laid down in the recent judgment of Hon'ble Apex Court in the case of Vinod Kumar v. State of Punjab reported in 2015 (3) SCC 220, if there is no legal impediment.
It is made clear that in case the witnesses are not appearing, the concerned court is directed to initiate necessary coercive measure for ensuring their presence.
Let a copy of the order be certified to the court concerned for necessary compliance.
Order Date :- 24.8.2018 KS