Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34633 of 2019 Applicant :- Pawan Sharma Opposite Party :- State Of U.P. Counsel for Applicant :- Ram Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Ram Tiwari, learned counsel for the applicant and the learned A.G.A. for the State.
This application for bail has been filed by the applicant Pawan Sharma seeking his enlargement on bail in Case Crime No. 134 of 2019, under section 5/25 Arms Act, Police Station Gunnaur, District Sambhal, during the pendency of the above mentioned case crime number.
It is contended by the learned counsel for the applicant that co- accused Udairam has been enlarged on bail by this Court, vide order dated 2.8.2019. The case of the present applicant is similar to that of the co-accused Udairam, as such the present applicant is also liable to be enlarged on bail on the ground of parity.
Per contra, learned A.G.A. has opposed the prayer for bail. However, he could not dispute the submissions urged by the learned counsel for the applicant.
Upon hearing learned counsel for the parties, perusal of record, severity of punishment, totality of facts and circumstances, at this stage without expressing any view on the merits of the case, the Court is of the opinion that it is a fit case for bail. Let the applicant Pawan Sharma be released on bail in Case Crime No. 134 of 2019, under section 5/25 Arms Act, P.S.
Gunnaur, District- Sambhal on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence.
(ii) The applicant will abide the orders of court, will attend the court on every date 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.
Accordingly, the instant bail application is allowed.
Order Date :- 26.8.2019 HSM