Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40798 of 2021 Applicant :- Abdul Hayeek Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohit Singh,Anil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Despite service of notice, none present on behalf of opposite party no. 2.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Abdul Hayeek seeking enlargement on bail during trial in connection with Case Crime No. 435 of 2020, under Sections 147, 148, 149, 323, 354-B I.P.C. and Section 7/8 of the Prevention of Children From Sexual Offences (POCSO) Act, 2012, P.S.- Manjhanpur, District- Kaushambi.
Submission of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated. Applicant has not committed the alleged offences. He further submitted that co-accused Pappu and Ekrar @ Jaraila have already been granted bail by coordinate Benches of this Court in Criminal Misc. Bail Application Nos. 3545 of 2021 and 4350 of 2021 vide orders dated 28.01.2021, 21.01.2021 respectively and claimed parity. Several other accused-persons have also been granted bail by co-ordinate Benches of this Court in aforesaid crime. He next submitted that the applicant is languishing in jail since 03.09.2021.
Per contra, learned A.G.A. opposed the prayer for bail, however, conceded the factum of parity.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of accused and all other attending circumstances were duly considered.
In view the above on the ground of parity a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Abdul Hayeek involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 20.12.2021 v.k.updh.