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2013 DIGILAW 1664 (ALL)

Harendra v. State of U. P.

2013-06-20

RAMESH SINHA

body2013
Ramesh Sinha, J.;— Heard Sri A.C. Srivastava, learned counsel for the applicant and learned A.G.A. for the State. 2. It has been contended by the learned counsel for the applicant that the co-accused, namely Jeetu has been granted bail by this Court by a detailed order in Criminal Misc. Bail Application NO. 10977 of 2013 vide order dated 24.4.2013. A copy of the same has been annexed as annexure-11 to the affidavit. On the basis of the said order another co-accused, namely, Ravi has also been granted bail on ground of parity in Criminal Misc. Bail Applicaltion No. 11724 of 2013 vide order dated 30.4.2013 which has also been annexed as annexure-11 of the affidavit. It is further submitted that the case of the application is also on same footing and is entitled for bail on the ground of parity. 3. Learned AGA has vehemently opposed the prayer for bail and submitted that the applicant has criminal history of 13 cases and to which learned counsel for the applicant explained all 12 cases criminal history in paragraphs 23 and 25 of the affidavit. The applicant is in jail since 11.1.2013. 4. Learned A.G.A. opposed the prayer for bail but could dispute the aforesaid facts as argued by the learned counsel for the applicant. 5. Without expressing any opinion on the merits of the case and 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, the applicant is entitled to be released on bail in this case. 6. Let the applicant Harendra involved in Case Crime No. 392 of 2012, under Section 302 IPC and 7 Criminal Law Amendment Act, Police Station Dankaur, District Gautambudh Nagar be released on bail on his 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. (iv) The applicant shall report to the police station concerned in the first week of each month to show his good conduct and behaviour. 7. (ii) The applicant will not pressurize/intimidate the prosecution witness. (iii) The applicant will appear before the trial Court on the date fixed. (iv) The applicant shall report to the police station concerned in the first week of each month to show his good conduct and behaviour. 7. It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted. 8. In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail. _____________