Court No. - 31
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49239 of 2018 Applicant :- Fakruddin Opposite Party :- State Of U.P. Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. The co-accused Kamaruddin who was apprehended on the spot has already been enlarged on bail by another Bench of this Court vide order dated 31.10.2018, passed in Criminal Misc. Bail Application No. 41945 of 2018 copy of which has been annexed as Annexure-5 to the bail application. He further submitted 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. The applicant is languishing in jail since 05.11.2018.
The prayer for bail has been opposed by learned A.G.A. However, he does not dispute the fact that the role assigned to the applicant is similar to co-accused, who has been enlarged on bail.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A. and considering the available record and the fact that identically placed co-accused Kamaruddin has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, I deem it appropriate to enlarge the applicant on bail.
In view of the above, let the applicant Fakruddin be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No.430 of 2018, under Sections 420, 467, 468, 471, 414 IPC, P.S. Babugarh, District Hapur , subject to 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.
In case of default of any of the conditions enumerated above, the court below shall be at liberty to cancel bail of the applicant.
Order Date :- 21.12.2018 A. Tripathi