Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11614 of 2018 Applicant :- Sonu Bhadauria And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Dinesh Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Dinesh Tiwari, learned counsel for the applicants and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicants that the co- accused Ashok Kumar, Smt. Sonam, Abhishek, Ram Shankar Rathore and Deshu @ Jai Singh having similar role have been granted bail by this Court vide order dated 12.02.2018, 05.03.2018, 15.02.2018, 06.03.2018 and 12.03.2018 in Criminal Misc. Bail Application No. 5104 of 2018, 8230 of 2018, 5621 of 20188432 of 2018 and 9252 of 2018 respectively. and the case of the applicants stand on identical footing, hence the applicants are also entitled for bail on the ground of parity. The applicants are in jail since 05.01.2018.
Learned A.G.A. opposed the prayer for bail.
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 applicants are entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicants Sonu Bhadauria and Rahul Tomar involved in Case Crime No. 434 of 2017, under Section 395, 397, 342, 412 I.P.C., Police Station Loha Mandi, District Agra be released on bail on their 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 applicants will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. They will not tamper with the witnesses.
3. They 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 :- 30.3.2018 Arti