Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53760 of 2021 Applicant :- Abrar Mulla @ Mohammad Abrar Khan Opposite Party :- State Of Uttar Pradesh Through Its Principal Secretary Home Counsel for Applicant :- Parvez Alam,Imran Ullah Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Imran Ullah, learned counsel for the applicant and Sri Ankit Srivastav, learned AGA for the State as also perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Abrar Mulla @ Mohammad Abrar Khan, with a prayer to release him on bail in Case Crime No. -
28 of 2017, under Sections - 302 and 120-B I.P.C., Police Station - Kydganj, District - Prayagraj, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) against FIR lodged on 12.01.2017, the applicant is in confinement since 15.09.2021;
(ii) the applicant claims to have cooperated in the investigation. In any case, the applicant's name surfaced four years after the occurrence by way of confessional statement of co-accused Shoaib;
(iii) the applicant has no criminal history. ;
(iv) though chargesheet has already been submitted, there is no hope of early conclusion of the trial;
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that the applicant has been falsely implicated. The applicant has no criminal history. Neither he was in jail nor he had conspired in the occurrence. Further, it has been submitted, all the assailants are in jail.
(vi) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 20.12.2021 Abhilash Digitally signed by SAUMITRA DAYAL SINGH Date: 2021.12.20 17:57:35 IST Reason: Document Owner Location: High Court of Judicature at Allahabad