Sudheer Kumar vs State Of U.P.
2018 Latest Caselaw 1289 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22662 of 2018
 

 
Applicant :- Sudheer Kumar
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Puneet Bhadauria
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Siddharth,J.

Shri Rama Shanker Mishra learned counsel has filed Vakaltnama on behalf of the informant which is taken on record.

Heard learned counsel for the applicant and learned A.G.A. for the State.

It has been contended by the learned counsel for the applicant that the co-accused Ajay has granted bail by this Court vide order dated 20.6.2018 in Criminal Misc. Bail Application No. 22551 of 2018 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 18.5.2018.

Learned A.G.A. opposed the prayer for bail but does not dispute the claim of parity.

Bail order of aforesaid co-accused has been produced by the learned counsel 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-Sudheer Kumar involved in Case Crime No. 683 of 2017 under Sections 452, 308, 323, 325, 504, 506 I.P.C. Police Station Khurza City-Bulandshahr District Bulandshahr, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant will not tamper with the evidence during the trial.

(ii) The applicant will not pressurize/intimidate the prosecution witness.

(iii) The applicant will appear before the trial Court on the date fixed.

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 court below shall be at liberty to cancel the bail.

Order Date :- 21.6.2018

Iss/