Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10849 of 2018 Applicant :- Neelkanth @ K.S. Malu And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Hare Krishna Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Hare Krishna Tripathi, learned counsel for the applicants and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicants that the co-accused Santosh Ahirwar has been granted bail by this Court on 5.3.2018 in Criminal Misc. Bail Application No.8186 of 2018, a copy of said order has been produced by the learned counsel for the applicants, which is taken on record and the case of the applicants stands on identical footing, hence the applicants is also entitled for bail on the ground of parity. The applicants have no criminal history. The applicants are in jail since 3.12.2017.
Learned A.G.A. opposed the prayer for bail, but could not dispute the aforesaid fact as argued by the learned counsel for the applicants.
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 applicants are entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicants Neelkanth @ K.S. Malu and Naza @ Raj Adiwasi involved in Case Crime No.487 of 2017, under Sections 394, 411 IPC. Police Station Month, District Jhansi 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 applicants will not tamper with the evidence during the trial.
(ii) The applicants will not pressurize/intimidate the prosecution witness.
(iii) The applicants 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 :- 23.3.2018 Dev/-