Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42009 of 2021 Applicant :- Jishan Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjay Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Jishan seeking enlargement on bail during trial in connection with Case Crime No. 120 of 2021, under Sections 420, 467, 471, 120-B I.P.C. and Section 60 of Excise Act, P.S.- Galsaheed, District- Moradabad.
Submission of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated due to mohalla partibandi. Applicant has not committed the alleged offences. Nothing has been recovered from the possession of the applicant. Applicant was not arrested on the spot. He further submitted that co-accused Usman has already been granted bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 45956 of 2021, vide order dated 02.11.2021, which is annexed at page 23 of the supplementary affidavit and claimed parity as the case of the applicant stands at par with the case of co-accused Usman. He next submitted that the applicant is languishing in jail since 24.08.2021.
Per contra, learned A.G.A. opposed the prayer for bail, however, conceded the factum of parity.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of accused and all other attending circumstances were duly considered.
In view the above on the ground of parity a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Jishan involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 17.12.2021 v.k.updh.