Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35836 of 2018 Applicant :- Phool Singh And 3 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Sudhanshu Pratap Singh,Amit Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicants, Phool Singh, Deepak Kumar, Sonpal and Sumit Kumar with a prayer to release them on bail in Case Crime No. 60 of 2018, under Sections 457, 380, 411 IPC, Police Station Paikoliya, District- Basti, during pendency of trial.
Learned counsel for the applicants has contended that the co-accused Bharat Singh, Ashok Singh and Arun Kumar have been granted bail by this Court on 13.9.2018 in Criminal Misc. Bail Application No.34648 of 2018, a copy of the 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 are also entitled for bail on the ground of parity. The applicants are languishing in jail since 28.5.2018. Criminal history of the applicants has properly been explained in paragraph No. 12 of the affidavit in support of the bail application. In case, the applicants are released on bail, they will not misuse the liberty of bail.
Learned AGA has opposed the prayer for bail, but does not dispute the claim of parity.
Let the applicants Phool Singh, Deepak Kumar, Sonpal and Sumit Kumar involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 20.9.2018 Ruchi Agrahari