Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56727 of 2019 Applicant :- Santosh Vishwakarma @ Juli Opposite Party :- State of U.P.
Counsel for Applicant :- Deepak Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, Sri Abhinav Prasad, learned AGA for the State and perused the material brought on record.
It has been contended by the learned counsel for the applicant that the co-accused Satyapal Gupta having similar role has been granted bail by this Court vide order dated 26.07.2019 in Criminal Misc. Bail Application No. 29928 of 2019, a copy of said orders has been annexed as Annexure No. 7 to the affidavit filed in support of present 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 is in jail since 13.10.2019.
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.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let applicant Santosh Vishwakarma @ Juli be released on bail in Case Crime No. 503 of 2018, under Sections 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Mughal Sarai, District Chandauli on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release. (ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 19.12.2019 Arti