Court No. - 7
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23821 of 2019 Applicant :- Badshah @ Kamar Alam Opposite Party :- State Of Up Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 94 of 2019 under Section 307 of IPC, Police Station Janakpuri, District Saharanpur with the prayer to enlarge the applicant on bail.
The contention as raised at the bar by learned counsel for the applicant is that applicant accused has been falsely implicated in the present case; that in the alleged incident no one has sustained any injury; that co-accused Gulsher has already been enlarged on bail by Co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 23845 of 2019 copy of which has been produced and the same is taken on record. He further submits that since the role of the applicant is identical to that of the co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Learned counsel for the applicant lastly submits that the applicant is in jail since 27.4.2019 and that in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
The prayer for bail has been vehemently opposed by learned A.G.A. However, he does not dispute the fact that the similarly placed co-accused has been granted bail by this Court.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A. and the fact that identically placed co-accused has already been enlarged on bail, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let the applicant Badshah @ Kamar Alam in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. The applicant shall not commit an offence similar to the offence of which applicant is accused, or suspected of the commission, of which applicant is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.
In case of default of any of the conditions enumerated above, it would be open to the prosecution to approach the Court for cancellation of bail.
Order Date :- 10.6.2019 Mohit Kushwaha