A single judge granted bail to a bail applicant in a criminal case by drawing a parallel with the release of a co-accused, applying the reformative theory of punishment despite the applicant's criminal history.
Released on bail on furnishing personal bonds with two sureties each subject to conditions not to tamper with evidence or pressurize witnesses.
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. - 7517 of 2018
Applicant :- Ram Kumar Verma Opposite Party :- State Of U.P. Counsel for Applicant :- Archana Srivastava,Arimardan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard 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 Avinash Singh has been granted bail by another Bench of this Court on 13.2.2018 in Criminal Misc. Bail Application No.5286 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 criminal history, which has been explained in para 8 of the affidavit accompanying this bail application. The applicant is in jail since 19.1.2018.
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 Ram Kumar Verma involved in Case Crime No.14 of 2018, under Sections 406, 419, 420, 467, 468, 470, 471, 506 IPC. Police Station Thathiya, District Kannauj 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 :- 27.2.2018 Dev/-
2 issues framed by the court
Whether the applicant is entitled to bail on the ground of parity with a co-accused already released on bail.
Whether the applicant should be released on bail considering the nature of accusation and supporting evidence.
1 provisions across 1 enactments
Ram Kumar Verma
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
