Heard learned counsel for the applicants as well as learned A.G.A for the State of U.P. and perused the record.
By means of this application, the applicants, who are involved in Case Crime No. 0046 of 2021, under sections 147,148,323,336,427,455,504,506 and 304 of the Indian Penal Code and Section 7 of the Criminal Law Amendment Act, Police Station Gaura Chauraha, District- Balrampur are seeking enlargement on bail during the trial.
Learned counsel for applicants submits that cross-cases were registered against the applicants as well as informant. On perusing the same, it is difficult to say that who were the aggressor for the said incident. The submissions of learned counsel for the applicants is that the applicants are innocent persons and have falsely been implicated in the case and are in jail since 15.05.2021. It is further submitted on behalf of the applicants that co-accused persons namely Azhar Hussain, Mazar Hussain, Bakridi & Gulam Gaus @ Lala and Fareeduddin @ Fareed, Babulla @ Irshad Ahmed Shah, Mohsin Raza, Khalid Raza, & Mohd. Azam and Akeel Ahmad having identical role, have already been granted bail by this Court, vide orders dated 12.08.2021, 09.08.2021 and 16.08.2021 passed in Bail Application Nos.8562 of 2021, 8381 of 2021 and 8646 of 2021 respectively (photocopy of the bail orders provided by learned counsel for the applicant is taken on record). In these circumstances, the applicants are also entitled for bail. In case of being enlarged on bail, they will not misuse the liberty of bail.
Learned AGA though has opposed the bail application but could not dispute the submissions of the learned counsel for the applicants. It is also not disputed that the present applicants are entitled for the parity of bail orders dated 12.08.2021, 09.08.2021 and 16.08.2021 passed by this Court in Bail Application Nos. 8562 of 2021, 8381 of 2021 and 8646 of 2021 whereby bail has been granted to the co-accused persons namely Azhar Hussain, Mazar Hussain, Bakridi & Gulam Gaus @ Lala and Fareeduddin @ Fareed, Babulla @ Irshad Ahmed Shah, Mohsin Raza, Khalid Raza, & Mohd. Azam and Akeel Ahmad.
After hearing the submissions made by the learned counsel for the parties and examining the material available on record, keeping in view the nature of offence and totality of facts and circumstances of the case and without entering into the merits of the case, I am of the view that the applicant has made out a fit case for grant of bail on the ground of parity with the co-accused persons . Hence, the bail application is allowed.
Let the applicant,Aneesh Ahmad, Adil Raza, Safikur Rahman and Murtuza, involved in Case Crime No. 0046 of 2021, under sections 147,148,323,336,427,455,504,506 and 304 of the Indian Penal Code and Section 7 of the Criminal Law Amendment Act, Police Station Gaura Chauraha, District- Balrampur be released on bail on furnishing personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
(i) The applicant shall, however, cooperate and attend the proceedings at every stage without seeking unnecessary adjournments just to prolong the proceedings.
(ii)The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(iii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(iv) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 25.8.2021/Ashish