Court No. - 31
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49250 of 2018 Applicant :- Upendra Kushwaha Opposite Party :- State Of U.P.
Counsel for Applicant :- Sarvesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. The co-accused Jaiprakash Kumar Bhati already been enlarged on bail by another Bench of this Court vide order dated 18.12.2018 passed in Criminal Misc. Bail Application No. 48441 of 2018. He further submitted that since the role of the applicant is identical to that of the co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. The applicant is languishing in jail since 20.11.2018.
The prayer for bail has been opposed by learned A.G.A. However, he does not dispute the fact that the role assigned to the applicant is similar to co- accused, who has been enlarged on bail.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A. and considering the available record and the fact that identically placed co-accused Jaiprakash Kumar Bharti has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, I deem it appropriate to enlarge the applicant on bail.
In view of the above, let the applicant Upendra Kushwaha, be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 180 of 2018, under Sections 381, 411, 413 IPC, P.S. Mohammadabad, District Ghazipur, subject to following conditions;
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the court below shall be at liberty to cancel bail of the applicant.
Order Date :- 21.12.2018 Ujjawal