Court granted bail to applicant on grounds of parity with coaccused already granted bail. Ordered personal bond with two sureties under Section 394 IPC and Explosive Substances Act, ensuring non-interference and court appearance.
Released on bail with personal bonds and two sureties under conditions of non-interference and court appearance.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5592 of 2018
Applicant :- Ramsharan Rajput Opposite Party :- State Of U.P. Counsel for Applicant :- Sharib Salaman Ahmad Ansari Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Sharib Salaman Ahmad Ansari, learned counsel for the applicant and Sri Purushottam Maurya, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the coaccused Satyendra Kumar @ Sittu Rajpoot, Sanjay Valmiki and Manoj Rajput have been granted bail by another Bench of this Court on 11.12.2017, 13.12.2017 and 2.1.2018 in Criminal Misc. Bail Application Nos.48459 of 2017, 48837 of 2017 and 50664 of 2017, a copy of said order has been annexed as annexure-6 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 8.9.2017.
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 Ramsharan Rajput involved in Case Crime No.741 of 2017, under Sections 394, 412, 120-B I.P.C. read with Section 3/4 explosive Substance Act, Police Station Kotwali Orai, District Jalaun 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 :- 15.2.2018
Dev/-
2 issues framed by the court
Whether the applicant entitled to bail based on parity granted bail to coaccused in identical nature of offence.
Whether direction togrant bail with conditions and bond deposit is appropriate given the nature of charge under 394 IPC read with Explosive Substances Act.
Ramsharan Rajput
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
