This court allowed the bail application of Sunil Nagar under Sections 386 and 120-B IPC, admitting him to bail on personal bonds with sureties after considering parity with co-accused.
Released on bail on personal bonds with two sureties each.
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. - 2508 of 2018
Applicant :- Sunil Nagar Opposite Party :- State Of U.P. Counsel for Applicant :- Mr Zafar Moonis,Pramod Shukla Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Sri Rajiv Lochan Shukla, learned counsel has put in appearance on behalf of applicant by filing his Parcha today in the Court which is taken on record.
Heard Sri Rajiv Lochan Shukla, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
Pursuant to order dated 7.8.2018 office has submitted a report dated 25.8.2018 whereby it has been reported that 'the case is put up for order as per the order of Hon'ble the Chief Justice dated 6.4.2015'.
This is the second bail application moved on behalf of the applicant. The first bail application of the applicant was rejected vide order dated 4.7.2017 by another Bench of this Court.
The new ground which has been argued by the learned counsel for the applicant is that no direct demand of ransom has ever been made by the applicant. It is further argued that the co-accused Manoj Gurjar and Anil Dujana have been granted bail by this Court as well as by another Bench of this Court on 6.2.2018 and 27.2.2018 and in Criminal Misc. Bail Application Nos.19000 of 2017 and 7549 of 2018, a copy of said orders 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 no criminal history. The applicant is in jail since 8.10.2016.
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 Sunil Nagar involved in Case Crime No.183 of 2016, under Sections 386, 120-B I.P.C., Police Station Ecotech-I, District Gautam Budh Nagar 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.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 28.8.2018 Dev/-
2 issues framed by the court
Whether the applicant is entitled to bail on the ground of parity with co-accused having been granted bail and absence of direct demand of ransom.
Whether the applicant satisfies the reformative theory of punishment.
Sunil Nagar
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
