Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31416 of 2018 Applicant :- Shanti Prakash Opposite Party :- State Of U.P.
Counsel for Applicant :- Devesh Pandey,Narendra Singh,Pravinendra Bahadur Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Counter affidavit filed by learned A.G.A. is taken on record.
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 Heera Lal and Dhane have been granted bail by this Court vide order dated 12.5.2014 in Criminal Misc. Bail Application No. 15707 of 2014 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 3.2.2018. Learned counsel for the applicant has submitted that P.W.1 victim is declared hostile.
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 Shanti Prakash involved in Case Crime No. 323 of 2013 under Sections 376, 392, 504, 506 IPC Police Station Ghorawal, District Sonebhadra 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 :- 21.8.2019 Atul kr. sri.