Single judge granted bail to the applicant, Pinder @ Rupendra, invoking the reformative theory of punishment and parity with co-accused, releasing him on personal bond with two sureties each.
Released on bail on furnishing personal bonds with two sureties each in the like amount.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 783 of 2018
Applicant :- Pinder @ Rupendra Opposite Party :- State Of U.P. Counsel for Applicant :- Dinesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed by the learned A.G.A. is taken on record.
Rejoinder affidavit filed by the learned counsel for the applicant is taken on record.
Heard Sri Dinesh Kumar, learned counsel for the applicant and Sri Vikas Rana, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the co-accused Mohit Chaudhary and Nakul have been granted bail by another Bench of this Court on 28.11.2016 and 7.12.2016 in Criminal Misc. Bail Application Nos.41403 of 2016 and 42786 of 2016, a copy of said orders 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 12 of the affidavit accompanying this bail application. The applicant is in jail since 2.12.2016.
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 Pinder @ Rupendra involved in Case Crime No.528 of 2016, under Sections 392, 411, 120-B IPC. Police Station Gajraula, District J.P. Nagar (Amroha) 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 :- 19.2.2018
Dev/-
1 issue framed by the court
Whether bail is entitled to be granted to the applicant on the ground of parity with other co-accused who have been granted bail.
Pinder @ Rupendra
State Of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
