Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15640 of 2021 Applicant :- Apil Mavi Opposite Party :- State of U.P.
Counsel for Applicant :- Manish Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Apil Mavi in connection with Case Crime No. 883 of 2020 under Sections 147, 148, 149, 323, 307, 504, 120-B IPC, P.S. Lone Border, District Ghaziabad.
Heard learned Counsel for the applicant and the learned A.G.A. appearing for the State.
It is argued by the learned counsel for the applicant that the allegation against the applicant is marginal and no more than that the victim was called over to his office, where the applicant was present and in his presence, the victim was assaulted by co- accused, Rahul Mawi and Rupak Mawi. He was shot by Kuldeep Tiwari. It is submitted that co-accused Rupak Mawi has been admitted to bail by this Court vide order dated 17.03.2021 passed in Criminal Misc. Bail Application No. 9607 of 2021, whereas co-accused Raheesh has been granted bail vide order dated 17.03.2021 passed in Criminal Misc. Bail Application No. 9656 of 2021. It is urged that the applicant is entitled to bail on the foot of parity. It is submitted that the applicant has explained his criminal history of a solitary case in paragraph no. 16, which is a case under Section 376 IPC, where he has been admitted to bail by this Court vide order dated 17.01.2021. It is also argued that the applicant is in jail since 07.10.2020.
The learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that role assigned to the applicant is marginal and not overt, the fact that co-accused Rupak Mawi and Raheesh have been admitted to bail entitling the applicant to the benefit of parity, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant, Apil Mavi in connection with Case Crime No. 883 of 2020 under Sections 147, 148, 149, 323, 307, 504, 120-B IPC, P.S. Lone Border, District Ghaziabad be released on bail on executing his personal bond and furnishing 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.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the Trial Court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(viii) 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.
In case of default of any of the conditions enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.
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 of opinion 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 :- 6.4.2021 Deepak