Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33826 of 2018 Applicant :- Vijendra Kumar @ Vinder And 02 Others Opposite Party :- Union Of India And 04 Others Counsel for Applicant :- Atul Kumar Srivastava Counsel for Opposite Party :- Rajnish Kumar Rai
Hon'ble Vivek Kumar Singh,J.
Heard Sri Atul Kumar Srivastava, learned counsel for the applicants, Sri Rajnish Kumar Rai, learned counsel for opposite party and perused the material brought on record.
It has been contended by the learned counsel for the applicants that the co- accused Gulshan having similar role has been granted bail by this Court vide order dated 14.06.2018 in Criminal Misc. Bail Application No. 22084 of 2018, a copy of said order has been annexed as Annexure No. 2 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 06.06.2018.
Learned counsel for opposite party opposed the prayer for bail but could not dispute the aforesaid fact as argued by the learned counsel for the applicants.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let applicants Vijendra Kumar @ Vinder, Sartaz @ Lalla and Rohit @ Tauhid be released on bail in Case Crime No. 06 of 2018, under Sections 3 R.P. (U.P.) Act, Police Station- R.P.F. Shahjahanpur, District- Shahjahanpur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicants will co-operate with the trial and remain present personally on each and every date fixed after release. (ii) The applicants will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicants will not indulge in any unlawful activities. (iv) The applicants will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.
Order Date :- 5.9.2018 Arti