Criminal Court No. 23 granted bail to the applicant, Uma Shankar, involving in an offence under IPC Sections 457, 380, and 411, relying partly on parity with a coaccused and absence of criminal history.
Released on bail with personal bonds and two sureties subject to conditions regarding tampering and witness intimidation.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3456 of 2018
Applicant :- Uma Shankar Opposite Party :- State Of U.P. Counsel for Applicant :- Ram Badan Maurya Counsel for Opposite Party :- GA
Hon'ble Vivek Kumar Singh,J.
Heard Sri Ram Badan Maurya, 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 coaccused Anil Kumar has been granted bail by another Bench of this Court on 28.11.2017 in Criminal Misc. Bail Application No.46306 of 2017, a copy of said order has been annexed as annexure-3 to the affidavit accompanying this bail application 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 10.10.2017.
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 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 Uma Shankar involved in Case Crime No.1012 of 2017, under Sections 457, 380, 411 I.P.C., Police Station Kotwali, District Mainpuri 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 :- 31.1.2018
Dev/-
2 issues framed by the court
Whether the applicant is entitled to bail on grounds of parity with a coaccused and lack of criminal history.
What conditions, if any, must be imposed on the grant of bail to prevent tampering with evidence.
Colour shows how this judgement treated each authority
Criminal Misc. Bail Application No.46306 of 2017Referred¶6
1 provisions across 1 enactments
Uma Shankar
State Of U.P.
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
