Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25232 of 2019 Applicant :- Shobha Lal And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Utkarsh Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.
It is contended by the learned counsel for the applicants that the co-accused Chetram has been granted bail by another Bench of this Court vide order dated 25.4.2019 passed in criminal misc. bail application no.17407 of 2019, copy of which has been annexed with the bail application. He further submits that role of the applicants is not distinguishable with the role of co-accused, therefore, the applicants are also entitled for bail on the ground of parity. It is further contended that the applicants are languishing in jail since 28.3.2019 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the submissions of the learned counsel for the parties, the fact that the identically placed co-accused has already been released on bail by this Court, without expressing any opinion on the merits of the case, the Court is of the view that it is a fit case for bail. The bail application is allowed..
Let the applicants Shobha Lal and Nankau @ Santosh Kumar involved in Case Crime No. 40 of 2019 under Sections 147, 323, 504, 506, 304 I.P.C., Police Station Kaudhiyara, District Prayagraj be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 25.6.2019 ss