Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8851 of 2019 Applicant :- Raghubar Bind Opposite Party :- State Of U.P.
Counsel for Applicant :- Kashi Nath Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No.201 of 2018, under Sections 406, 409, 188 IPC, P.S. Zamania, District Ghazipur.
It is submitted by learned counsel for the applicant that similarly placed co-accused Sharda Devi has already been enlarged on bail by another Bench of this Court by order dated 22.5.2019 passed in Criminal Misc. Bail Application No.10116 of 2019, copy of the bail order 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 Sharda Devi who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Lastly he submitted that the applicant is languishing in jail since 16.1.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned AGA has opposed the bail plea. However, learned A.G.A. does not dispute the factum of parity.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Raghubar Bind be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned 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.
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing 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 complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 26.7.2019 Mini