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Allahabad High Court · body

2015 DIGILAW 2023 (ALL)

Sanjay Kumar Dubey @ P. P. @ Pandit v. State of U. P.

2015-07-21

HARSH KUMAR

body2015
JUDGMENT Harsh Kumar, J. Heard learned counsel for the applicant, learned A.G.A. and perused the record. 2. Learned counsel for the applicant contended that the co-accused Pratap Singh has been granted bail by this Court vide order dated 15.07.2015 in Bail application no. 6080 of 2015; that the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity; that the applicant has no criminal history; that the applicant undertakes that he will not make misuse the liberty of bail; that the applicant is in custody since 12.02.2015. 3. Learned A.G.A. and learned counsel for the complainant opposed the prayer of bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 4. Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment; grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. 5. Let the applicant Sanjay Kumar Dubey be released on bail in Case Crime No. 43 of 2015, under Sections 395/412 I.P.C., P.S. Jagatpur, District Raebareli, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions: - (i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C. (ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.