Single judge order granting bail to applicants in a cheating and criminal breach of trust case with conditions to avoid tampering with witnesses and attend trial.
Applicants released on bail by furnishing personal bond with two sureties each on specified conditions.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6465 of 2018
Applicant :- Devdatt Alias Pati Ram And Other Opposite Party :- State Of U.P. Counsel for Applicant :- Yogesh Kumar Srivastava,Noor Muhammad Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicants and Sri Purushottam Maurya, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicants that the coaccused Ram Lakhan having similar role has been granted bail by this Court vide order dated 01.11.2017 in Criminal Misc. Bail Application No. 41622 of 2017 and the case of the applicants stands on identical footing, hence the applicants are also entitled for bail on the ground of parity. The applicant no. 1 and 2 are in jail since 15.01.2018 and applicant no. 3 is in jail since 29.01.2018.
Learned A.G.A. opposed the prayer for bail.
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, the applicants are entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicants Devdutt @ Pati Ram, Naresh @ Bhura and Raj Kumar involved in Case Crime No. 10 of 2016, under Section 395, 397, 427 I.P.C., Police Station Nasirpur, District Firozabad be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
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 :- 21.2.2018 Arti Sharma
1 issue framed by the court
Whether applicants are entitled to release on bail on grounds of parity with a coaccused and nature of accusation.
Devdatt Alias Pati Ram And Other
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
