Court granted bail to Harpal Yadav in a case involving theft and cheating, citing parity with a co-accosed and lack of prior criminal history, despite the severity of charges.
Applicant released on bail by furnishing personal bonds and two sureties with verified residence proofs.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3464 of 2018
Applicant :- Harpal Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Gaurav Sisodia Counsel for Opposite Party :- GA
Hon'ble Vivek Kumar Singh,J.
Heard Sri Gaurav Sisodia, 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 Naubat Singh has been granted bail by another Bench of this Court on 21.11.2017 in Criminal Misc. Bail Application No.45096 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 previous criminal history. The applicant is in jail since 21.8.2017.
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.
Let the applicant Harpal Yadav involved in Case Crime No.421 of 2017, under Sections 457, 380, 411 I.P.C., Police Station Bhojipura, District Bareilly 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/-
1 issue framed by the court
Whether the applicant is entitled to bail on the ground of parity with a co-accused granted bail previously.
Harpal Yadav
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
