Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48703 of 2018 Applicant :- Raju Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
By means of this application, the applicant who is involved in case crime no. 138 of 2018, under Sections 323, 504, 304 IPC, P.S. Purandarpur, District- Maharajganj, is seeking enlargement on bail during the trial.
It has been submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. He further submitted that the co-accused Chingud and Sunil are also assigned the similar role as assigned to the applicant. The co-accused Chingud and Sunil have been granted bail by this Court vide orders dated 13.12.2018 passed in Criminal Misc. Bail Application Nos. 39351 of 2018 and 45151 of 2018 respectively, therefore, the applicant is also entitled to be released on bail on the ground of parity. It is further submitted the case of the present applicant is not distinguishable from that of co-accused Chingud and Sunil. The applicant is in jail since 20.6.2018.
Learned AGA has also conceded on the point that role of applicant Raju is similar to co-accused Chingud and Sunil, who have been granted bail by this Court.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Raju, be released on bail in the aforesaid case crime number 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:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 19.12.2018 AK Pandey