Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34974 of 2018 Applicant :- Santosh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Vindeshwari Prasad,Praveen Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Santosh Kumar with a prayer to release him on bail in Case Crime No.146 of 2013 under Sections 419, 420, 467, 468, 409, 471 and 120-B I.P.C., P.S. Phoolpur, District Azamgarh during pendency of trial.
Learned counsel for the applicant has contended that the co-accused Tarkeshwar Nath Chaubey has been granted bail by this Court on 10.01.2018 in Criminal Misc. Bail Application No.1057 of 2018, a copy of the said order has been annexed as Annexure No.3 to the bail application. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 28.7.2018. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned AGA has opposed the prayer for bail, but does not dispute the claim of parity.
Let the applicant Santosh Kumar involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 17.9.2018 Ruchi Agrahari