Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9576 of 2018 Applicant :- Ali Mohammad @ Mohammad Ali Opposite Party :- State Of U.P.
Counsel for Applicant :- Babhru Vahan Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Babhru Vahan Singh, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State and perused the record.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive. It is next contended that the applicant is not named in the first information report. The FIR was lodged against five named and thousands unnamed persons. It is next contended that the allegations are general in nature. Nothing incriminating article has been recovered from the possession of the applicant.
It is next contended by learned counsel for the applicant that similarly placed co-accused, namely, Saadhu @ Saidullah, Noor Alam @ Daidul and Dagaru @ Shabbir Ahmad have already been granted bail by this Court vide order dated 9.8.2017, 18.8.2017 and 28.7.2017 passed in Criminal Misc. Bail Application No. 28428 of 2017, 29768 of 2017 and 26148 of 2017, respectively, copies whereof have been annexed as Annexure-3 (from page Nos. 24 to 30 ) to the affidavit filed in support of bail application and since the case of the applicant stands on identical footing of that co-accused, hence the applicant is also entitled for bail on the ground of parity. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 2.2.2018. The applicant has no other criminal history to his credit.
Learned A.G.A. opposed the prayer for bail.
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 and reformative theory of punishment, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case, let the applicant Ali Mohammad @ Mohammad Ali involved in Case Crime No. 02 of 2017, under Sections 147,323,427,452, 395 I.P.C.Police Station Madanpur, District Deoria be released on bail on his furnishing a personal bond with two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 23.3.2018 Su