Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36067 of 2018 Applicant :- Raj Kumar @ Chhotu And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Vinay Kumar Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants as well as learned AGA for the State and perused the material placed on record.
The argument is that the co-accused Ajay Kumar and Veerchand Kumar has been enlarged on bail vide order dated 23.07.2018 in Criminal Misc. Bail Application No.27368 of 2018. The prayer for release of the applicants on bail on the ground of parity has been made. The applicants are languishing in jail since 22.05.2018.
On the other hand learned AGA opposed the prayer for bail.
Considering the submissions of the learned counsel for the parties, the fact that the identically placed co-accused has already been released on bail by this Court, without expressing any opinion on the merits of the case, the Court is of the view that it is a fit case for bail. The bail application is allowed.
Let the applicants Raj Kumar @ Chhotu and Vittu Kumar, involved in case crime No.50 of 2018, under sections 420 I.P.C and Section 60/63 Excise Act, Police Station G. R. P. Firozabad, District Firozabad be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence are exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. The applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 24.9.2018 SS