Heard learned counsel for the applicant and learned A.G.A.
This application has been filed with a prayer to release the applicant in case Crime No. 357 of 2009 under Sections 364,302, 201, 414, 120B 411, 394 I.P.C. P.S. Wazirganj, District Badaun.
It is contended by learned counsel for the applicant that the applicant was not named in the F.I.R but during the investigation after seven month of the alleged incident the evidence of extra judicial confession has been collected by the I.O. There is no other evidence against the applicant and initially there is no recovery of any incriminating article from the possession of the application. The co-accused Salman whose case is based on same footing has been released on bail by this Court on 15.12.2009 in Crl. Misc. Bail Application No. 34406 of 2009. The applicant is in jail since 31.07.2009.
In view of the facts and circumstances of the case, submissions made by the learned counsel for the applicant without expressing any opinion on the merits of the case the applicant is entitled to be released on bail on the ground of parity with the co-accused.
Let the applicant Aalif Raza involved in case crime No. 357 of 2009 under Sections 364,302, 201, 414, 120B 411, 394 I.P.C. P.S. Wazirganj, District Badaun be released on bail on their furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
i. That the applicants shall not tamper with the evidence.
ii. They shall report to the Court of C.J.M. concerned in the first week of each month to show their good conduct and behaviour till the conclusion of the trial.
In default of the above conditions, the bail granted to them shall be deemed cancelled and they shall be taken into custody by the C.J.M. concerned.
Order Date :- 18.6.2010 Naresh