Criminal Misc. Bail Application admitted the applicant was in jail since 21.05.2018. The court granted bail citing parity with a co-accused already released and general bail test satisfaction under Section 307 IPC.
The applicant was released on bail upon furnishing a personal bond with two sureties.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31271 of 2018
Applicant :- Aditya @ Golu Opposite Party :- State Of U.P. Counsel for Applicant :- Vivek Kumar Singh,Mayank Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard 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 Gaurav Kumar @ Saddam having similar role has been granted bail by this Court vide order dated 06.08.2018 in Criminal Misc. Bail Application No. 29347 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 21.05.2018.
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, 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 Aditya @ Golu involved in Case Crime No. 567 of 2018, under Section 307 I.P.C., Police Station Baraut, District Baghpat 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 :- 18.8.2018
Arti
2 issues framed by the court
Whether the applicant is entitled to bail on the ground of parity with a co-accused who was previously granted bail.
Whether the reasonable apprehension of tampering with evidence and severity of punishment preclude the grant of bail.
1 provisions across 1 enactments
Aditya @ Golu
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
