Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30208 of 2019 Applicant :- Mohd. Asif Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Amar Jeet Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri A.J. Upadhyay, learned counsel for the applicant, Sri S.N. Mishra, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the the co-accused of the present case namely Azad Ali has already been granted bail by this Court in Criminal Misc. Bail Application Nos.29008 of 2019 on 22.7.2019. He further submits that co-accused Mohd. Sajid and Mohd. Wajid have also been granted bail by the court below on 27.6.2019, hence applicant is also entitled for the same relief on the ground of parity. The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents, the applicant is entitled to be released on bail in this case.
In the event of arrest of the applicant Mohd. Asif, involved in Case Crime No.491 of 2019, u/s 386, 504 IPC, P.S. Lisadi Gate, district Meerut he shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on furnishing a personal bond of Rs.25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) the applicant shall make themselves available for interrogation by a police office as and when required;
(ii) 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 from disclosing such facts to the Court or to any police office;
(iii) the applicant shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P. concerned.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicants is directed to produce a certified copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
Order Date :- 31.7.2019 Gaurav