This court granted bail to the applicant on the ground of parity with a similarly placed co-accused already released on bail. The applicant was ordered to execute a personal bond and furnish two sureties under specific conditions.
Applicant Bujharat is released on bail by executing a personal bond and furnishing two sureties.
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Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28561 of 2018
Applicant :- Bujharat Opposite Party :- State Of U.P. Counsel for Applicant :- Dharmendra Kumar Singh,Manish Kumar Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
This is the second bail application. The first bail application of the applicant was rejected vide order of this Court dated 24.3.2014 passed in crl. misc. bail application no. 148 of 2013.
Learned counsel for the applicant submitted that subsequent to the rejection of first bail application of the applicant, the co-accused Rana Pratap @ Rana has been enlarged on bail by this Court vide order dated 18.5.2018 passed in Criminal Misc. Bail Application No. 8418 of 2017. He further submitted that since the role of the applicant is identical to that of the co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Learned counsel for the applicant further submits that the applicant is in jail since 30.4.2012.
The prayer for bail has vehemently been opposed by learned A. G. A. However, he does not dispute the fact that the similarly placed co-accused has been granted bail by this Court.
Considering the submissions made by learned counsel for the applicant as well as learned A. G. A. and the fact that identically placed co-accused has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
In view of the above, let the applicant Bujharat be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 203 of 2012, under Sections 147, 148, 149, 302 IPC, P.S. Sarai Khwaja, District Jaunpur with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or
tamper with the evidence.
In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 11.1.2019 Kuldeep
2 issues framed by the court
Whether the applicant is entitled to bail on the ground of parity with an identically placed co-accused who has already been released.
Whether the conditions of bail are sufficient to protect the prosecution and ensure the applicant's compliance.
Bujharat
Vipin Sinha
As recorded by the court registry
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