Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32435 of 2018 Applicant :- Santosh Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashwani Kumar Pathak Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It has been contended by the learned counsel for the applicant that the co-accused Ramsingar Singh and Brijesh Patel have been granted bail by this Court vide orders dated 11.7.2018 and 3.8.2018 in Criminal Misc. Bail Application Nos. 9999 and 29131 of 2018 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 is in jail since 19.1.2018.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
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 Santosh Singh involved in Case Crime No.11 of 2018 under Sections 120(B), 379, 419, 420, 467, 468, 471 IPC section 65, 66B, 66C, 66D I.T. Act section 4,20, 25 Indian Teligram Act and section 3 & 6 Indian Wireless Act Police Station Ahirauli Bazar, District Kushinagar 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 :- 24.8.2018 Atul kr. sri.