Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 313 of 2020, under Sections 147, 148, 354, 307, 336 of IPC and 7/8 Pocso Act, Police Station Naujhil, District Mathura.
Counsel for the applicant argues that co-accused Alim Khan has been enlarged o bail by this Court vide order dated 1.12.2020 passed in Crl. Misc. Bail Application No. 42350 of 2020. He further argues that Arif alias Bhoora has also been enlarged on bail, however, the bail order has not been made available till date. He further submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the prosecution evidence or witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. There is nothing on record to demonstrate that if the applicant is enlarged on bail, it would adversely affect the trial of the case. In last, he submitted that the role assigned to the applicant is similar to the persons enlarged on bail, as such, the applicant deserves to be enlarged on bail on the ground of parity.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant.
Considering the facts and circumstances of the case, the submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, I am of the view that the applicant is entitled for bail on the ground of parity.
Let the applicant Habbu Khan involved in aforesaid case crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
5. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 20.1.2021 vinay