Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36433 of 2018 Applicant :- Rashid Ali And Another Opposite Party :- State Of U.P. Counsel for Applicant :- P.K. Rao Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri P.K. Rao, learned counsel for the applicants, Sri Shashi Shekhar Tiwari, learned AGA for the State and perused the material brought on record.
It has been contended by the learned counsel for the applicants that the co- accused Raj Kumar @ Banta & Raghuveer, Jai Ram, Asha Ram & Ramesh and Bhoora having similar role have been granted bail by this Court vide orders dated 26.07.2012, 23.08.2012 and 18.09.2018 in Criminal Misc. Bail Application Nos. 18356 of 2012, 19432 of 2012 and 35271 of 20178 a copy of said orders have been annexed as Annexure No. 3 to the affidavit filed in support of bail application and a copy of the said order has been produced by learned counsel for the applicants, is taken on record respectively 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 are in jail since 26.08.2018.
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.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let applicants Rashid Ali and Jameel be released on bail in Case Crime No. 128 of 2010, under Sections 147, 148, 149, 307, 332, 353, 436, 336 IPC & 7 Criminal Law Amendment Act, Police Station- Tindwari, District- Banda on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicants will co-operate with the trial and remain present personally on each and every date fixed after release. (ii) The applicants will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicants will not indulge in any unlawful activities. (iv) The applicants 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 applicants to prison.
Order Date :- 25.9.2018/Arti