Court granted bail to applicant Deepanshu in Case Crime No.126 of 2018 under Sections 307 and 34 IPC, linking his case to co-accused already released, considering parity and reformative theory of punishment despite nature of accusation.
Released on bail with personal bonds and two sureties subject to conditions regarding evidence, witnesses, and appearance.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30569 of 2018
Applicant :- Deepanshu Opposite Party :- State Of U.P. Counsel for Applicant :- Rakesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Rakesh Kumar Srivastava, learned counsel for the applicant and Sri Ravi Singh Parihar, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the co-accused Asif and Vipin have been granted bail by this Court on 22.5.2018 and 10.7.2018 in Criminal Misc. Bail Application Nos.19223 of 2018 and 19125 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 no criminal history. The applicant is in jail since 6.4.2018.
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 Deepanshu involved in Case Crime No.126 of 2018, under Sections 307 & 34 I.P.C. Police Station Ecotech-3rd, 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.
Order Date :- 14.8.2018 Dev/-
1 issue framed by the court
Whether the applicant is entitled to bail on the grounds of parity and the reformative theory of punishment.
Deepanshu
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
