1. Heard learned counsel for the applicants as well as learned A.G.A. for the State of U.P. and perused the record.
2. The present bail application has been filed on behalf of the applicants in Case Crime No.0046 of 2021, under Sections 147, 148, 323, 336, 427, 455, 504, 506, 304 I.P.C. and Section 7 of Criminal Law Amendment Act, 1932, Police Station Gaura Chauraha, District Balrampur, with the prayer to enlarge them on bail.
3. Learned counsel for the applicants has submitted that cross-case were registered against the applicant as well as the informant. He also submitted that Mohd. Azam (co-accused in the present F.I.R.) has lodged one F.I.R. against Anwar Ahmad (informant of the present F.I.R.) and other associates which was registered as Case Crime No.47 of 2021, under Sections 147, 148, 323, 304, 427 I.P.C., P.S. Gaura Chauraha, District Balrampur. In the aforesaid F.I.R., Anwar Ahmad (informant of the present F.I.R.) along with other have been granted bail by this Court in Bail Application No.6486 of 2021 on 29.06.2021 (photocopy of the bail order of Anwar Ahmad and other co-accused persons in F.I.R. No.47 of 2021 lodged by Mohd. Azam (co-accused in the present F.I.R. and associate of the applicant) is appended as annexure No.16 to the bail application). It is further submitted that co-accused Fareeduddin @ Fareed, Babulla @ Irshad Ahmed Shah, Mohsin Raza and Khalid Raza have also been released on bail by this Court vide order dated 9.8.2021 passed in Bail Application No.8381 of 2021.
4.Learned counsel for the applicants has further submitted that the applicants do not have any criminal antecedent and they are in jail since 22.05.2021. He also submitted that charge sheet has already been filed and there is no possibility for tampering of any evidence. In such circumstances, the applicants are entitled for bail. In case of being enlarged on bail, they will not misuse the liberty of bail.
5. Learned A.G.A. has opposed the prayer for grant of bail to the applicants, but he conceded the fact that in the cross-case which was lodged by Mohd. Azam (co-accused in the present F.I.R. and associate of the applicant), Anwar (informant of the present F.I.R.) and other co-accused person have been granted bail by this Court.
6. Considering the rival submissions of learned counsel for parties, material available on record, ground of parity as well as totality of fact and circumstances of the case and without expressing any opinion on the merits of the case, I am of the view that the applicants are entitled to be released on bail.
7. Let applicants - Azhar Hussain, Mazar Hussain, Bakridi and Gulam Gaus @ Lala- be released on bail in aforesaid Case Crime, on each of them furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
(i) Applicants will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(ii) Applicants will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(iii) Applicants will remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(v) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vi) 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.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
8. It is provided that none of the observations made above shall be considered by the trial court and the trial shall proceed on its own merits.
Order Date :- 12.8.2021 (Alok Mathur, J.) RKM.