Nitin Kumar vs State Of U.P.
2013 Latest Caselaw 5034 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15904 of 2013
 

 
Applicant :- Nitin Kumar
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Jagdish Prasad Mishra,Migamendra Shukla,Nigamendra Shukla,S.K. Pandey,Satyendra Narayan Singh
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Ramesh Sinha,J.

Counter Affidavit filed on behalf of the complainant is taken on record.

Heard Sri Satyendra Narayan Singh,  Jagdish Prasad Mishra and Nigamendra Shukla, learned counsels for the applicant, Sri Sanchit Nidhi, learned counsel for the complainant and learned A.G.A. for the State.

It has been contended by the learned counsel for the applicant that the co-accused Sachin  has been granted bail by this Court vide order dated 16.7.2013  in Criminal Misc. Bail Application No. 19998 of 2013  and the case of the applicant stands of identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 3.10.2012.

Learned A.G.A. opposed the prayer for bail but could dispute the aforesaid facts as argued by the learned counsels for the applicant.

Bail order of the aforesaid co-accused has been produced by the learned counsels for the applicant. The same is taken on record.

Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.

Let the applicant Nitin Kumar involved in Case Crime No. 452 of 2012, under Sections 420, 471, 120B I.P.C. Police Station Khatauli, District Muzaffar Nagar be released on bail on his furnishing a personal bond with two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions.

1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

2. He will not tamper with the witnesses.

3. He will not indulge in any illegal activities during the bail period.

It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

Order Date :- 12.8.2013

Ashok