Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28407 of 2018 Applicant :- Rajpal And 4 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Gajendra 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.
It has been contended by the learned counsel for the applicants that the co-accused Udhav @ Rakesh and Sripal have been granted bail by this Court vide order dated 26.7.2018 in Criminal Misc. Bail Application Nos. 27982 of 2018 & 27979 of 2018 respectively and the case of the applicants stand on identical footing, hence the applicants are also entitled for bail on the ground of parity. The applicants are in jail since 26.2.2018.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicants.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let the applicants Rajpal, Ram Kumar, Bicheka @ Bichaka, Taife @ Ansu and Shulla @ Surendra involved in Case Crime No.318 of 2017, under Sections 147, 148, 149, 452, 323, 436, 504, 506, 395, 427 I.P.C, Police Station Gunnaur, District Sambhal 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 is 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 :- 30.7.2018 T. Sinha