The Court granted bail to the applicant, Sohail @ Barder, who was incarcerated in a case involving forgery and cheating, considering the parity of his situation with co-accused already released on bail.
Release on bail by furnishing personal bonds with two sureties in like amount.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1491 of 2018
Applicant :- Sohail @ Barder Opposite Party :- State Of U.P. Counsel for Applicant :- Manish Tiwary,Radhey Shyam Shukla Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Manish Tiwary, learned counsel for the applicant and Ms. Poonam Singh Sengar, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the co-accused Monish Khan and Imran Khan have been granted bail by this Court on 22.2.2018 in Criminal Misc. Bail Application No.6946 of 2018, a copy of said order has 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 criminal history , which has been explained in para 24 of the affidavit accompanying this bail application. The applicant is in jail since 31.7.2017.
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.
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 and reformative theory of punishment , the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Sohail @ Barder involved in Case Crime No.778 of 2010, under Sections 471, 467, 468, 420, 506 I.P.C., Police Station Sadar Bazar, District Shahjahanpur be released on bail on his furnishing personal bonds 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 :- 21.3.2018 Dev/-
1 issue framed by the court
Whether the applicant is entitled to bail on the ground of parity with co-accused granted bail previously.
Sohail @ Barder
State Of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
