In a bail application under Section 438 CrPC, the court granted bail to the applicant relying on parity with co-accused who were already released. The court also cited the reformative theory of punishment as a basis for release.
Released on bail with two sureties each, subject to conditions not to tamper with evidence and appear before trial court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6147 of 2018
Applicant :- Sonu Gurjar Opposite Party :- State Of U.P. Counsel for Applicant :- Adesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Adesh Kumar, 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 co-accused Suhail @ Irfan, Sani Vihan, Kuldeep, Vineet, Sushil Kumar, Kamil, Mohd. Atiq, Mohammad Junaid and Shaukeen have been granted bail by another Bench of this Court on 12.2.2018, 7.2.2018, 7.2.2018, 1.2.2018, 6.2.2018, 6.2.2018, 31.1.2018, 31.1.2018 and 2.2.2018 in Criminal Misc. Bail Application Nos.5062 of 2018, 4693 of 2018, 4639 of 2018, 3681 of 2018, 4273 of 2018, 4278 of 2018, 3429 of 2018, 3436 of 2018 and 3824 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 has no criminal history. The applicant is in jail since 20.12.2017.
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 Sonu Gurjar involved in Case Crime No.314 of 2017, under Sections 420, 467, 468, 471 I.P.C., Police Station Kotwali, District Meerut be released on bail on their 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 :- 20.2.2018 Dev/-
1 issue framed by the court
Whether bail should be granted to the applicant based on parity with co-accused and similar arguments.
Sonu Gurjar
State Of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
