Allowed bail application of Suraj Chaubey in Section 394 IPC case, granting release on personal bonds with sureties, citing reformative theory of punishment and parity with co-accused.
Released on bail on furnishing personal bonds with two sureties each in like amount.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4642 of 2018
Applicant :- Suraj Chaubey Opposite Party :- State Of U.P. Counsel for Applicant :- Narendra Nath Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Narendra Nath Tripathi, learned counsel for the applicant and Ms. Poonam Singh Sengar, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the coaccused Saka Pandey @ Beeru, Ramoo Kushwaha, Pankaj Singh, have been granted bail by another Bench of this Court on 22.9.2017 and 9.11.2017 in Criminal Misc. Bail Application Nos.34368 of 2017 and 43517 of 2017, a copy of said orders has been annexed as annexure-5 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 9.11.2017.
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 Suraj Chaubey involved in Case Crime No.317 of 2017, under Section 394 I.P.C., Police Station Kotwali Deoria, District Deoria 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 :- 7.2.2018
Dev/-
1 issue framed by the court
Whether the applicant is entitled to bail on the ground of parity with co-accused already granted bail.
Suraj Chaubey
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
