Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28766 of 2018 Applicant :- Sunil Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Devendra Saini Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It has been contended by the learned counsel for the applicant that the applicant is not named in the First Information Report. The co-accused Devesh and Chaman Khan have been granted bail vide order dated 27.7.2018 passed in Criminal Misc. Bail Applications No. 27998 of 2018 and 280401 of 2018 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 02.06.2018.The applicant has no criminal history.
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 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.
Let the applicant Sunil Kumar involved in Case Crime No. 1216 of 2018 under Sections 323, 392, 411 IPC Police Station Indrapuram, District Ghaziabad be released on bail 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:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before the trial Court on the date fixed.
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 :- 31.7.2018 Atul kr. sri.