This criminal miscellaneous bail application allowed the release of the applicant on bail on grounds of parity with a co-accused, distinguishing the severity of punishment and reformative theory, subject to standard conditions.
The applicant was released on bail on personal bonds with two sureties each in the like amount, subject to specified conditions.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 984 of 2018
Applicant :- Omji Chaubey Opposite Party :- State Of U.P. Counsel for Applicant :- Anand Pati Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed by the learned A.G.A. today in the Court which is taken on record.
Supplementary affidavit filed by the learned counsel for the applicant is taken on record.
Heard Sri Anand Pati Tiwari, 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 Gaurav Tiwari has been granted bail by another Bench of this Court on 30.10.2017 in Criminal Misc. Bail Application No.41380 of 2017, a copy of said order has been annexed as annexure-8 to the affidavit accompanying this bail application and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. It is further submitted that the applicant has criminal history which has been explained in para 3 of the supplementary affidavit. The applicant is in jail since 1.11.2017.
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 Omji Chaubey involved in Case Crime No.749 of 2017, under Sections 394, 506, 411 I.P.C., Police Station Auraiya, District
Auraiya 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 :- 8.3.2018 Dev/-
1 issue framed by the court
Whether the applicant is entitled to bail on the ground of parity given that a co-accused has already been granted bail?
Omji Chaubey
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
