Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4153 of 2019 Applicant :- Vinay Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Atul Kumar and Sri Vibhu Rai, Advocate holding brief of Sri Anoop Trivedi, appearing for the applicant, Sri Abhinav Prasad learned AGA appearing for the State and perused the material brought on record.
It is contended that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It has been contended by the learned counsel for the applicant that co-accused Vinay Singh, Alok Mishra @ Santosh Mishra and Vinay Singh have been granted bail by this Court on 24.1.2019,24.1.2019 and 24.1.2019, in Crl. Misc. Bail Application No. 1906 of 2019, Crl.Misc. Bail Application No. 2419 of 2019 and Crl. Misc. Bail Application No. 1009 of 2019, a copies of said orders have been produced by the learned counsel for the applicant, which is taken on record 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 has no criminal history. The applicant is in jail since 23.5.2018.
Learned A.G.A. has vehemently opposed the prayer without disputing the fact that co-accused has been granted bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, I find it to be a case of bail.
Let applicant Vinay Singh, be released on bail in S.T. No. 268 of 2018,Case Crime No. 143 of 2018, under Sections 304,34, 272, 273,I.P.C. and under section 60(A) of Excise Act,Police Station- Rura , District- Kanpur Dehat, 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 applicant will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant 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 applicant to prison.
Order Date :- 29.1.2019/aks