Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35004 of 2018 Applicant :- Saddam Opposite Party :- State Of U.P.
Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.,Jaysingh Yadav
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and Shri Jay Singh Yadav, learned counsel for the informant.
It has been contended by the learned counsel for the applicant that the co-accused Waseem and Jumman have been granted bail by this Court vide orders dated 25.9.2019 and 19.9.2019 in Criminal Misc. Bail Application Nos. 39316 of 2019 and 37448 of 2019 respectively and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant in in jail since 15.5.2018.
Learned A.G.A. and learned counsel for the informant have opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Bail order of aforesaid co-accused have been produced by the learned counsel for the applicant. The same is taken on record.
Without expressing any opinion on the merits of the case and 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, the applicant is entitled to be released on bail in this case.
Let the applicant Saddam involved in Case Crime No. 161 of 2018 under Sections 147, 323, 504, 506, 302, 201, 120-B IPC Police Station Kotwali Lalitpur, District Lalitpur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant 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 :- 30.9.2019 Atul kr. sri.