Heard learned Counsel for the applicant, learned A.G.A. and perused the record.
As per version of the F.I.R., an unknown body was shown in bushes, later on, he was recognized as driver of the Truck and on the information, the said Truck was recovered, which was driven by one Imran Ahmad and on his confessional statement, the name of the present accused had came into light. It has further been submitted that there is no direct evidence against the applicant. It has further been submitted that co-accused Kareem Ulla having identical role has already been granted bail by another Bench of this Court vide order dated 23.11.2015, therefore, the applicant is also entitled for bail on the ground of parity. There is no criminal history of the applicant and he is in jail since 01.04.2015.
Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the fact that co-accused having identical role has already been released on bail.
Having given my thoughtful consideration to the submission of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Iqbal @ Akhlaq involved in Case Crime No. 817 of 2014, Under Sections 396, 302, 201, 412/34 I.P.C., Police Station Munshiganj, District Amethi, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not pressurize/intimidate the prosecution witnesses and cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 29.1.2016 Jitendra