Court No. - 31
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43055 of 2018 Applicant :- Farahdiva @ Sannar Opposite Party :- State Of U.P.
Counsel for Applicant :- Aditya Prasad Mishra 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.
I have perused the entire record.
The contention as raised at the bar by learned counsel for the applicant is that the accused-applicant was not named in the FIR and he has been falsely implicated in the present case due to ulterior motive; that the applicant has no previous criminal history; that there is no independent witness to the alleged crime; that the recovery as shown is totally false and fabricated; that there was no identification parade was conducted; that co- accused Smt. Badarajahan @ Ballar, Noora Jahan @ Noori, Roshan and Azeem have already been enlarged on bail by different Benches of this Court, copies of which have been produced and the same are taken on record. He further submits that since the role of the applicant is identical to that of the co- accused persons who have 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 25.09.2018.
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 persons have 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.
In view of the above, let the applicant Farahdiva @ Sannar be released on bail on his executing a personal bond and furnishing two sureties to the satisfaction of the court concerned in Case Crime No. 1122/2018 under Sections 380, 411 IPC, P.S. Kotwali Nagar, District Muzaffar Nagar with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 20.12.2018 Anand Verma