Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1777 of 2021 Applicant :- Mohammad Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjay Pathak,Arvind Kumar Tewari Counsel for Opposite Party :- G.A.,Bindu Kumari,Furquan Ahmad (Alvi)
Hon'ble Om Prakash-VII,J.
List revised. None present for the informant.
Heard Sanjay Pathak, learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. It is further argued that no specific role has been assigned against the applicant. Main role for causing injury to the deceased is assigned to the co-accused Mo. Yahiya. Co- accused Mo. Yahiya has been granted bail by another Bench of this court passed in Criminal Misc. Bail Application No. 2009 of 2021 vide order 02.07.2021. Learned counsel for the applicant referred the contents of the F.I.R. and statement of the witnesses recorded under Sections 161 & 164 Cr.P.C. and further argued that applicant is entitled to be released on bail on the ground of parity. He is languishing in jail since 08.07.2020 having no criminal history.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the 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 Mohammad involved in Case Crime No. 80 of 2020, under Sections 302, 308, 323, 504, 506 IPC, P.S. Pawai, District Azamgarh 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) 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.
(v) 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 temper 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 :- 29.10.2021 Israr