The Single Judge granted bail to the applicant on the ground of parity with co-accused, noting the reformative theory of punishment outweighed the severity of the charge.
Released on bail by furnishing a personal bond with two sureties subject to conditions against tampering and appearances.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8636 of 2018
Applicant :- Prabhu Chaudhary Opposite Party :- State Of U.P. Counsel for Applicant :- Brijesh Kumar,Jahar Singh (Kashyap) 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 Smt. Geeta Devi, Smt. Anita Devi, Mutari Devi & Lakhpati Devi have been granted bail by another Bench of this Court on 6.3.2018 in Criminal Misc. Bail Application No.8393 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 previous criminal history. The applicant is in jail since 5.2.2018.
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 applicants namely Prabhu Chaudhary involved in Case Crime No.324 of 2017, under Sections 147, 436, 427, 452, 323, 336, I.P.C., Police Station Jamania, District Ghazipur be released on bail on theirs 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 :- 7.3.2018 Dev/-
2 issues framed by the court
Whether the applicant is entitled to bail on the ground of parity as co-accused were earlier granted bail in similar proceedings.
Whether the reasonable apprehension of tampering with evidence warrants bail under the reformative theory of punishment.
Prabhu Chaudhary
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
