Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40907 of 2018 Applicant :- Ram Milan And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material on record.
It is submitted by learned counsel for the applicants that similarly placed co-accused namely, Dileep Kumar (vide order dated 25.5.2018 in Crl. Misc. Bail Application no. 19865 of 2018), Sadabriksh @ Guddu (vide order dated 29.5.2018 in Crl. Misc. Bail Application no. 20346 of 2018), Brijesh Pratap Singh (vide order dted 29.5.2018 in Crl. Misc. Bail Application no. 20225 of 2018), Shiv Kumar (vide order dated 29.5.2018 in Criminal Misc. Bail Application no. 20165 of 2018 have already been enlarged on bail by co-ordinate Bench as well as by this Court, copies whereof have been filed as Annexure-VII to the affidavit accompanying the bail application. He further submitted that since the role of the applicant is identical to that of co-accused Dileep Kumar, Sadabriksh @ Guddu, Brijesh Pratap Singh and Shiv Kumar who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.
The prayer for bail has vehemently been opposed by learned A.G.A. However, the aforesaid factual aspect of the matter has not been disputed by him.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
In view of the above, let the applicants, Ram Milan and Bhola be released on bail on their executing personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 39 of 2018, under Sections 147, 148, 149, 333, 353, 336, 323, 504, 506, 308 and 325 I.P.C. and Section 7 Criminal Law Amendment Act, P.S. Khesraha, district-Siddharth Nagar with the following conditions :-
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence 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 :- 26.10.2018 Faridul