Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45797 of 2018 Applicant :- Shiv Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Bhaskar Bhadra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Bhaskar Bhadra, learned counsel for the applicant, Sri Abhinav Prasad learned AGA appearing for the State and perused the material brought on record.
It is contended that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It has been contended by the learned counsel for the applicant that co-accused Sanjeev, has been granted bail by this Court on 23.1.2019, in Crl. Misc. Bail Application No. 49229 of 2018, a copy of said order has been produced by the learned counsel for the applicant, which is taken on record 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 has no criminal history. The applicant is in jail since 17.10.2018.
Learned A.G.A. has vehemently opposed the prayer without disputing the fact that co-accused has been granted bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, I find it to be a case of bail.
Let applicant Shiv Kumar, be released on bail in Case Crime No. 523 of 2018, under Sections 147,148,149, 307, 333, 353,504 I.P.C.
and Section 7 of Criminal Law Amendment Act, police Station- Fatehganj West District- Bareilly 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 trail 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 :- 30.1.2019/aks