Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14851 of 2018 Applicant :- Saiyad Kamar Khushnoor @ Sheru Opposite Party :- State Of U.P.
Counsel for Applicant :- Amar Nath Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Amar Nath Tiwari, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the co-accused Anand Tiwari, Vivek Tiwari, Afreen @ Shahnawaj, Raj Kumar has been granted bail by another Bench of this Court on 18.4.2017, 20.11.2017, 28.8.2017 and 15.6.2017 in Criminal Misc.
Bail Application Nos.12789 of 2017, 45114 of 2017, 29502 of 2017 and 21666 of 2017, a copy of said order has been annexed as annexure-8 to the affidavit accompanying this bail application 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 has criminal history, which has been explained in para 13 of the affidavit accompanying this bail application. The applicant is in jail since 13.10.2016.
Learned A.G.A. opposed the prayer for bail, but could not dispute the aforesaid fact as argued by the learned counsel for the applicant.
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 and reformative theory of punishment, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Saiyad Kamar Khushnoor @ Sheru involved in Case Crime No.619 of 2016, under Sections 147, 148, 149, 323, 504, 506, 332, 353, 307, 342, 427, 436, 336, 325 I.P.C. & 7 Criminal Law Amendment Act & Section 3 of Prevention of Damage to Public Property Act, 1984 Police Station Shahpur, District Gorakhpur be released on bail on his furnishing personal bonds 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 :- 30.4.2018 Dev/-