The Court granted bail to the applicant Rahul Alias Rajan in a petty theft case, setting him on identical footing with a co-accused previously granted bail, citing reformative theory of punishment.
Released on bail upon furnishing a personal bond with two sureties, subject to conditions of not tampering with evidence or witnesses and appearing at trial.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7503 of 2018
Applicant :- Rahul Alias Rajan Opposite Party :- State Of U.P. Counsel for Applicant :- Kapil Tyagi,Samarth Sinha Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard 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 co-accused Furkaan has been granted bail by this Court on 26.2.2018 in Criminal Misc. Bail Application No.7437 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 18.11.2017.
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 Rahul Alias Rajan involved in Case Crime No.661 of 2017 under Sections 392, 411 I.P.C., Police Station Hapur Dehat, District Hapur be released on bail on his furnishing a personal bond 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 :- 27.2.2018 Dev/-
1 issue framed by the court
Whether the applicant is entitled to bail on the ground of parity with a co-accused who has already been granted bail.
Rahul Alias Rajan
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
