Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13569 of 2018 Applicant :- Sarvesh Kumar Urf Sarvesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Aditya Kumar Tripathi Counsel for Opposite Party :- G.A.,Mukesh Kumar
Hon'ble Vivek Kumar Singh,J.
Rejoinder affidavit filed on behalf of applicant, is taken on record.
Heard Sri Aditya Kumar Tripathi, learned counsel for the applicant, Sri J.K. Tripathi, Advocate holding brief of Sri Mukesh Kumar, learned counsel on behalf of complainant and Sri Sanjay Singh, learned A.G.A.-I appearing for the State.
It has been contended by the learned counsel for the applicant that the co-accused Vipin Kumar and Avnesh Kumar Urf Tinka having similar role have been granted bail by this Court vide orders dated 12.06.2018 and 19.06.2018 in Criminal Misc. Bail Application Nos. 21637 of 2018 and 22384 of 2018, a copy of said orders have been annexed as Annexure Nos. S.A.1 and S.A.2 to the rejoinder affidavit 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 27.12.2017.
Learned counsel for complainant as well as 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, 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 Sarvesh Kumar Urf Sarvesh involved in Case Crime No. 560 of 2017, under Sections 147, 148, 149, 307, 326, 120B I.P.C., Police Station Kurawali, District Mainpuri 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:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
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 :- 30.7.2018 Arti