Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27820 of 2018 Applicant :- Sonu Ali Opposite Party :- State Of U.P.
Counsel for Applicant :- Zafar Abbas,Syed Khayyam Haider Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
Learned counsel for the applicant has argued that the applicant has criminal history of five cases against him, which has been explained in para 9 of the affidavit, filed in support of the bail application. He stated to be on bail in all the cases and has not been convicted in any case.
It has been further argued by learned counsel for the applicant that the co-accused Insaf Ali has already been granted bail by this Court on 13.6.2018 vide Criminal Misc. Bail Application No.21932 of 2018 and the applicant is entitled to parity since the role of the applicant and the co-accused, who has been enlarged on bail, is similar. Bail order of aforesaid co-accused has been annexed as annexure-5 at page 32 to 33 of the bail application. The applicant is in jail since 1.5.2018.
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 facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant Sonu Ali be released on bail in Case Crime No. 146 of 2018, under Sections 395, 412, I.P.C, Police Station Shahzad Nagar, District Rampur 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 which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.7.2018 T. Sinha