Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32417 of 2018 Applicant :- Sribhagwan Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Dulare Singh,Mayank Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the co- accused Rameshwar and Laturi having similar role have been granted bail by this Court vide orders dated 08.02.2018 and 16.05.2018 in Criminal Misc. Bail Application Nos. 447 of 2018 and 18322 of 2018, a copy of said orders have been annexed as Annexure No. 4 to the affidavit filed in support of bail application 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 24.04.2018.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by the learned counsel for the applicant.
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.
Without expressing any opinion on the merits of the case let the applicant Sribhagwan involved in Case Crime No. 726 of 2016, under Sections 394, 307, 411 I.P.C., Police Station Tajganj, District Agra be released on bail on his furnishing a personal bond with two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He 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 :- 24.8.2018 Arti