Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28882 of 2018 Applicant :- Vipin Jaiswal Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishna Nand Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
This is the second bail application on behalf of applicant. The first bail application on behalf of applicant has been dismissed for want of prosecution by Hon'ble Om Prakash-VII,J. vide order dated 07.05.2018.
Heard Sri Krishna Nand Singh, learned counsel for the applicant, Sri Sanjay Singh, learned AGA-I for the State and perused the material brought on record.
It has been contended by the learned counsel for the applicant that the co- accused Trishool Chandra Jaiswal having similar role has been granted bail by this Court vide order dated 28.05.2018 in Criminal Misc. Bail Application No. 20049 of 2018, a copy of said order has been annexed as Annexure No. 5 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 20.07.2017.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by the learned counsel for the applicant.
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 applicant Vipin Jaiswal be released on bail in Session Trial No. 57 of 2015 arising out of Case Crime No. 152 of 2014, under Sections 8/20 N.D.P.S. Act, Police Station- Phoolpur, District- Allahabad 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 trial 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 :- 11.9.2018/Arti