Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23179 of 2019 Applicant :- Mohammad Arif Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kuldeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Siddhartha Varma,J.
Counter affidavit, filed in Court today, is taken on record.
Heard learned counsel for the applicant and learned A. G.
A. for the State.
I have perused the prosecution story as set up in the FIR and also the bail rejection order.
The contention as raised at the bar by learned counsel for the applicant is that the co-accused Zisan has already been enlarged on bail by this Court vide order dated 2.5.2019, copy of which has been produced and the same is kept on record. Learned counsel for the applicant submits that the prosecution story is not corroborated by the medical report. It has further been stated that the incident took place on 21.10.2018 whereas the FIR was lodged on 26.10.2018. It has been submitted that the police has submitted its charge-sheet after completion of investigation and now there would be no possibility of tampering with the evidence. He further submits that since the role of the applicant is identical to that of the co- accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Learned counsel for the applicant lastly submits that the applicant is in jail since 21.2.2019.
The prayer for bail has been vehemently opposed by learned A.G.A. However, he does not dispute the fact that the similarly placed co-accused has been granted bail by this Court.
Considering the submissions made by learned counsel for the applicant as well as learned A. G. A. and the fact that identically placed co-accused has already been enlarged on bail, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view will not in any manner adversely affect the case of the prosecution.
In view of the above, let the applicant- Mohammad Arif 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. 1204 of 2018, under Sections 377, 346, 506 IPC, P.S.- Khurja, District-Bulandshahr, subject to the following conditions:
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complaint in any manner whatsoever.
(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activity.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 25.6.2019 LN Tripathi