Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33280 of 2018 Applicant :- Udai Raj Gautam Opposite Party :- State Of U.P. Counsel for Applicant :- Preetam Yadav 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 material on record.
The instant bail application has been filed on behalf of the applicant, Udai Raj Gautam with a prayer to release him on bail in Case Crime No. 378 of 2016, under Sections 419, 420, 406 IPC, Police Station Rudrapur, District Deoria, during pendency of trial.
Learned counsel for the applicant has contended that the co-accused Naveen Gautam and Ajeet have been granted bail by this Court on 21.3.2018 & 02.1.2018 in Criminal Misc. Bail Application Nos. 21729 of 2017 and 50545 of 2017 respectively, copies of the said order has been annexed as Annexure No. 5 to the bail application. 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 languishing in jail since 21.6.2018. There is no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned AGA has opposed the prayer for bail, but does not dispute the claim of parity.
Let the applicant Udai Raj Gautam involved in aforesaid case be released on bail on furnishing a personal bond and 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 :- 31.8.2018 Ruchi Agrahari