Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29163 of 2021 Applicant :- Arif Opposite Party :- State of U.P.
Counsel for Applicant :- Sadaful Islam Jafri,Nasira Adil,Nazrul Islam Jafri(Senior Adv.) Counsel for Opposite Party :- G.A.,Manoj Singh Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, Shri Manoj Singh, learned counsel for the informant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.28 of 2021, under Sections 147, 149, 323, 325, 326-A, 504, 506 IPC, Police Station- Kithore, District- Meerut, during the pendency of trial.
It has been argued by the learned counsel for the applicant that informant Shafeeq Ahmad lodged FIR on 25.01.2021 against five accused persons namely Naushad, Iqbal, Mubarik, Arif and Taalib and some unknown persons. It is next submitted that similarly placed co-accused Talib has already been granted bail by Coordinate Bench of this Court vide order dated 02.08.2021 passed in Criminal Misc. Bail Application No.29343 of 2021 and on the ground of parity, the applicant is also entitled to be released on bail. The applicant has no criminal history to his credit and is languishing in jail since 26.05.2021. Lastly, it is submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned A.G.A. has opposed the prayer for bail of the applicant but conceded on the point that similarly placed aforesaid co-accused has already been enlarged on bail by this Court.
I have considered the submissions of the parties and the fact that the aforesaid similarly placed co-accused has already been enlarged on bail by the Coordinate Bench of this Court.
Keeping in view the nature of offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Without expressing any opinion on the merits of the case, let the applicant Arif be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall not temper with the evidence during trial.
(ii) The applicant shall not pressurize/intimidate the prosecution witness.
(iii) The applicant shall appear before the trial Court on the date fixed.
(iv) In case of misuse of any condition during trial, the concerned Court below shall be at liberty to cancel the bail.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) 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. 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 :- 13.8.2021 pks Digitally signed by Justice Sanjay Kumar Singh Date: 2021.08.18 15:33:40 IST Reason: Document Owner Location: High Court of Judicature at Allahabad