The court granted bail to the applicant on grounds of parity with a co-accused who had already been granted bail, considering the potential for witness tampering and severity of punishment.
Granted bail with a personal bond and two sureties subject to specific conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16082 of 2018
Applicant :- Chandan Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Vibhav Prakash Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Vibhav Prakash Tripathi, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the coaccused Suraj Yadav having similar role has been granted bail by this Court vide order dated 08.03.2018 in Criminal Misc. Bail Application No. 8705 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 is in jail since 01.11.2017.
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, 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 Chandan Yadav involved in Case Crime No. 346 of 2016, under Sections 308, 323, 504, 506 I.P.C., Police Station Gagaha, District Gorakhpur 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:-
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 :- 13.8.2018
Arti
2 issues framed by the court
Whether the applicant for equal status as similarly-situation accused.
Whether the applicant is entitled to be released on bail in this case.
Colour shows how this judgement treated each authority
Criminal Misc. Bail Application No. 8705 of 2018 dated 08.03.2018Referred¶6
1 provisions across 1 enactments
Chandan Yadav
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Vivek Kumar Singh
Parties & counsel
