Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20584 of 2018 Applicant :- Rajat Verma And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Hemendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Hemendra Pratap Singh, learned counsel for the applicants and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicants that the co-accused Kuldeep has been granted bail by this Court on 29.5.2018 in Criminal Misc. Bail Application No.20161 of 2018, a copy of 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 have no criminal history. The applicants are in jail since 25.4.2018.
Learned A.G.A. opposed the prayer for bail, but could not dispute the aforesaid fact as argued by the learned counsel for the applicants.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicants are entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Rajat Verma and Tarun Kumar involved in Case Crime No.246 of 2018, under Sections 67, 67-A, 67-B of The Information Technology (Amendment) Act, 2008 IPC. Police Station Banna Devi, District Aligarh be released on bail on their furnishing personal bonds with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicants will not tamper with the evidence during the trial.
(ii) The applicants will not pressurize/intimidate the prosecution witness.
(iii) The applicants will appear before the trial Court on the date fixed.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.5.2018 Dev/-