This court granted bail to the applicant in a case involving Section 307 IPC, allowing him to furnish a personal bond with two sureties subject to conditions preventing tampering with witnesses and illegal activities.
Released on bail with personal bond and two sureties subject to specified conditions.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20176 of 2018
Applicant :- Vijay @ Gullu Opposite Party :- State Of U.P. Counsel for Applicant :- Kuldeep Singh Yadav,Shyam Prakash Srivastava
Counsel for Opposite Party :- G.A.,R.P.Singh,Rajeev Kumar
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that co-accused Jilender has been granted bail vide order ated 23.5.2018 in Crl. Misc. Bail Application No. 19387 and the case of the applicant is identical to that of co-accused Jilender, therefore, applicant claims parity. It has also been submitted that the applicant is languishing in jail since 27.2.2018. The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
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 Vijay alias Gullu involved in Case Crime No. 298 of 2016 under Sections 147, 148, 149, 323, 307, 504, 506 IPC, P.S. Makkhanpur, District Firozabad 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 :- 1.8.2018
Manish Tripathi
1 issue framed by the court
Whether the applicant is entitled to bail in the given facts.
1 provisions across 1 enactments
Vijay @ Gullu
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
