Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41123 of 2018 Applicant :- Pacchu Urf Babban Opposite Party :- State Of U.P. Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
It is submitted by learned counsel for the applicant that similarly placed co-accused Besharat has already been enlarged on bail by this Court by order dated 10.10.2018 passed in Criminal Misc. Bail Application No. 39248 of 2018, a copy of the said order has been produced by learned counsel for the applicant is taken on record. He further submitted that since the role of the applicant is identical to that of co-accused Besharat 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 vehemently been opposed by learned A.G.A. and submitted that there is criminal history of eight cases against the applicant, hence he is not entitled to be enlarged on bail.
In reply, learned counsel for the applicant submitted that he has explained the criminal history in paragraph nos. 14, 15 and 16 to the affidavit accompanying the bail application.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
In view of the above, let the applicant, Pacchu Urf Babban 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. 0261 of 2018, under Sections 323, 332, 353 and 504 I.P.C., P.S. Sambhal, district- Sambhal with the following conditions :-
(i) The applicant will co-operate with the trail 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 :- 27.10.2018 Faridul