Banti vs State Of U.P.
2018 Latest Caselaw 1773 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 45
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28348 of 2018
 
Applicant :- Banti
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Mohd. Samiuzzaman Khan,Mohd Adil
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Siddharth,J.

Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.

The instant bail application has been filed on behalf of the applicant, Banti with a prayer to release him on bail in Case Crime No. 264 of 2018 under Sections 147, 323, 504, 506, 342, 395, 397, 412 I.P.C. and Section 7 Criminal Law Amendment Act, P.S. Kotwali Deoria, District Deoria, during pendency of trial.

Learned counsel for the applicant has contended that the co-accused Parmanand Pathak has been granted bail by this Court on 4.7.2018 in Criminal Misc. Bail Application No.24718 of 2018, a copy of the said order has been annexed as Annexure No. 8 to 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 languishing in jail since 26.5.2018. There is no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail.

Learned AGA has opposed the prayer for bail, but does not dispute the claim of parity.

Let the applicant Banti involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.

3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

Order Date :- 30.7.2018

Ruchi Agrahari