Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52206 of 2021 Applicant :- Iqbal Opposite Party :- State of U.P.
Counsel for Applicant :- Nasira Adil,Sr. Advocate Counsel for Opposite Party :- G.A.,Sanjay Kr. Srivastava
Hon'ble Om Prakash-VII,J.
Heard Sri N. I. Jafri, learned Sr. Advocate assisted by Ms. Nasira Adil, learned counsel for the applicant, Sri Sanjay Kumar Srivastava, learned counsel appearing for the informant and learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that identically placed co-accused Talib and Arif have been granted bail by another Bench of this Court on 02.08.2021 and 13.08.2021 vide Criminal Misc. Bail Application No. 29343 of 2021 and 29163 of 2021. He further submits that the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail on the ground of parity. It is next submitted that the applicant is innocent and has been falsely implicated in the present case. He is languishing in jail since 20.3.2017 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA as well as learned counsel for the ifnromant opposed the prayer for bail.
Keeping in view the nature of offence, evidence, complicity of accused, submissions of learned counsel for the parties, the fact that co-accused has already been released on bail by this Court and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Iqbal involved in Case Crime No. 28 of 2021, under Section 147, 149, 323, 325, 326-A, 504, 506 IPC, P.S.
Kithore, District Meerut be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 21.12.2021 Sachdeva