This order grants bail to the applicant Sanjay Kumar on the ground of parity with a co-accused. The court framed standard conditions prohibiting tampering with evidence, witness intimidation, and absence from trial.
Release on bail by furnishing a personal bond and two sureties subject to framed conditions.
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Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8325 of 2017
Applicant :- Sanjay Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Akhil Kumar Shukla,Chandra Prakash Pandey Counsel for Opposite Party :- G.A.,Kunjesh Kumar Dubey
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and Shri Kunjesh Kumar Dubey, learned counsel for the complainant.
It has been contended by the learned counsel for the applicant that the co-accused Manish Kumar Srivastava has been granted bail by this Court vide order dated 13.7.2018 in Criminal Misc. Bail Application No. 5878 of 2017 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 is in jail since 28.1.2017.
Learned A.G.A. and learned counsel for the complainant opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Sanjay Kumar involved in Case Crime No.926 of 2015, under Sections 419, 420, 406, 467, 468, 471, I.P.C., Police Station Kannauj, District Kannauj be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 3.8.2018
T. Sinha
3 issues 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.
Whether the applicant has made out a case for bail considering the nature of the offence and evidence.
Whether the conditions of bail should be framed to prevent tampering with evidence or intimidation of witnesses.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherDistinguished¶8
Dataram Singh Vs. State of U.P. and another (2018)3 SCC 22 · Who else cites this
Sanjay Kumar
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Siddharth
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