Court No. - 31
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49113 of 2018 Applicant :- Firoj Alias Munaf Opposite Party :- State Of U.P. Counsel for Applicant :- Azhar Hussain 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 is not named in the F.I.R. The co-accused Firoz and Banti Abbasi have already been enlarged on bail by another Bench of this Court vide order dated 11.12.2018 & 19.12.2018, passed in Criminal Misc. Bail Application No. 47183 of 2018 & 48817 of 2018, copies of which have been taken on record. He further submitted that since the role of the applicant is identical to that of the co-accused who have 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 13.10.2018.
It has not been disputed by the learned A.G.A. that co-accused Firoz and Banti Abbasi have been granted bail vide order dated 11.12.2018 & 19.12.2018, passed in Criminal Misc. Bail Application No. 47183 of 2018 & 48817 of 2018, and that the case of the present accused applicant is on similar footing.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A. and perusing the record indicating the F.I.R. and the recovery memo and also considering the fact that identically placed co-accused Firoz and Banti Abbasi have 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 Firoj Alias Munaf 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. 0377 of 2018, under Sections 379, 411 and 66B, 66D I.T. Act, P.S. Jagdishpura, District Agra, 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 :- 20.12.2018 A. Tripathi