Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52151 of 2019 Applicant :- Fazlu Opposite Party :- State of U.P.
Counsel for Applicant :- Avanish Pratap Singh,Udai Bhan Singh Counsel for Opposite Party :- G.A
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and Mr Gyan Prakash Singh, learned counsel appearing for State and perused the record of the case.
Submission is that applicant is not named in the FIR. There is inordinate delay in lodging the FIR. It is further contended that applicant came to be implicated in this case on the basis of confessional statement of co accused Parvez. Further submission is that co accused Arsad, Aazad, Parvez and Burhan have already been granted bail by this Court vide orders dated 13.11.2019, 23.10.2019 and 21.11.2019 passed in Criminal Misc Bail Application Nos. 47660 of 2019, 44756 of 2019 and 47949 of 2019 respectively. The applicant is in jail since 24.09.2019.
Mr Gyan Prakash Singh, learned counsel for the State does not dispute the aforesaid fact and has contended that the role assigned to the present applicant is almost similar to that of co accused person who has already been enlarged on bail by this court.
Considering the facts and circumstances of the case, but without prejudice to the merits of the case, the applicant deserves to be admitted to bail on the ground of parity.
Let the applicant Fazlu be enlarged on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned in case crime No. 288 of 2019, under Sections 395, 412, 506 IPC, P.S. Fatehpur, District Saharanpur subject to following conditions:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
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. It is further clarified that 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 :- 27.11.2019 RavindraKSingh