Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24662 of 2013 Applicant :- Vicky @ Vikash Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Kumar Srivastava,Brijesh Sahai,H.N.Singh Sanjay Counsel for Opposite Party :- Govt. Advocate,D.S.Bohra,Manoj Kumar,R.P.Dwivedi
Hon'ble Om Prakash-VII,J.
II Supplementary affidavit filed today is taken on record.
Heard Sri Brijesh Sahai, learned senior advocate assisted by Sri H.N. Singh "Sanjay", learned counsel for the applicant, learned learned A.G.A. for the State as well as learned counsel for the complainant and perused the record.
Learned counsel for the applicant submits that the co-accused Laddu Singh @ Pankaj Singh has been granted bail by coordinate Bench of this Court vide order dated 8.4.2019 passed in criminal misc. bail application no.17777 of 2014, copy of which has been annexed in the supplementary affidavit. He further submits that role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail on the ground of parity. It is next contended that the applicant is languishing in jail since 13.8.2012. It is next submitted that the applicant has no criminal history. There are no chances of the applicant of fleeing away from judicial process or tampering with prosecution evidence. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. as well as learned counsel for the complainant opposed the prayer for bail.
Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties and the fact that the identically placed co-accused has already been released on bail by this Court, without expressing any opinion on the merits of the case, I think it appropriate to release the applicant on bail. The bail application is allowed.
Let the applicant Vicky @ Vikash Singh involved in Case Crime No. 259 of 2012 under Sections 147, 148, 149, 302, 307, 452, 34 I.P.C., Section 7 Criminal Law Amendment Act and 3(1) U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Sahjanwa, District Gorakhpur be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 29.5.2019 ss