Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24506 of 2018 Applicant :- Santosh Kumar Bhartiya Opposite Party :- State Of U.P.
Counsel for Applicant :- Jawahar Lal Maurya Counsel for Opposite Party :- G.A.,Afzal Ahmad Khan Durrani
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
The argument is that the co-accuseds Guddu Bhartiya and Jitendra Kumar Bhartiya have been enlarged on bail vide order dated 20.02.2017 and 01.09.2017 in Criminal Misc. Bail Application Nos.5596 of 2017 and 33126 of 2017 respectively. The prayer for release of the applicant on bail on the ground of parity has been made. The applicant is languishing in jail since 09.11.2016 On the other hand learned AGA opposed the prayer for bail.
Considering the submissions of the learned counsel for the parties, the fact that the identically placed co-accused has already been released on bail by this Court, without expressing any opinion on the merits of the case, the Court is of the view that it is a fit case for bail. The bail application is allowed.
Let the applicant Santosh Kumar Bhartiya, involved in case crime No.437 of 2016 under sections 302 I.P.C, Police Station Pipari, District Kausambi be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 31.5.2019 SS