Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51024 of 2021 Applicant :- Mohd. Shareef Opposite Party :- State of U.P.
Counsel for Applicant :- Arimardan Yadav,Jadu Nandan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the parties and perused the material available on record.
Accused-applicant, involved in Case Crime No.1134 of 2018, under Sections 147, 148, 149, 302, 307 & 120-B I.P.C., P.S. Sector 39 Noida, District Gautam Budh Nagar, applied for bail.
Learned counsel for the applicant submits in following manner :-
(i) Applicant is innocent and has been falsely implicated in the present case. He has committed no offence. Prosecution story is false and fake.
(ii) Applicant is not named in the FIR, his name came into light on the statement of co-accused Suraj. There is no evidence against the applicant. There is a general allegation against the applicant. No specific role or weapon has been assigned to the applicant. Nothing has been recovered from the possession of the applicant.
(iii) Case of present applicant is identical footing to the case of co-accused Suraj, who has already been granted bail on 19.02.2021 by a co-ordinate Bench of this Court in Criminal Misc. Bail Application No.3069 of 2021, therefore, the applicant be released on bail on the ground of parity also.
(iv) Applicant is in jail since 02.11.2020 without any credible evidence and having no criminal history. There is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Due to heavy pendency of cases in the Court, there is no possibility of early conclusion of the trial.
Learned A.G.A. opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant and admitted that role of co-accused Suraj and present applicant are similar.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, keeping in view of the bail granted to the co-accused Suraj, evidence collected by I.O. during investigation and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Mohd. Shareef be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to 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 or case.
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 :- 24.12.2021 I.A.Siddiqui