Heard Mr. Aditya Singh, Advocate holding brief of Mr. Nadeem Murtaza, learned counsel for the applicants as well as Mr. Aniruddh Kumar Singh, learned A.G.A for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicants in Case Crime No.46 of 2021, under Section 147, 148, 323, 336, 427, 455, 504, 506, 304 I.P.C. and Section 7 of Criminal Law Amendment Act, 1932, Police Station Gaura Chauraha, District Balrampur, with the prayer to enlarge them on bail.
The submissions of learned counsel for the applicants is that the applicants are innocent person and have been falsely implicated in the case and are in jail since 15.05.2021. It is further submitted on behalf of the applicants that co-accused persons namely Azhar Hussain, Mazar Hussain, Bakridi & Gulam Gaus @ Lala and Fareeduddin @ Fareed, Babulla @ Irshad Ahmed, Mohsin Raza & Khalid Raza, having identical role, have already been granted bail by this Court, vide orders dated 12.08.2021 and 09.08.2021 passed in Bail Application Nos.8562 of 2021 and 8381 of 2021 respectively (photocopy of the bail orders provided by learned counsel for the applicant is taken on record). In these circumstances, the applicants are also entitled for bail. In case of being enlarged on bail, they will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer of the applicants for grant of bail, but he conceded the fact that co-accused persons, having identical role, have already been granted bail by this Court.
Considering the rival submissions of learned counsel for parties, material available on record, ground of parity as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicants are entitled to be released on bail.
Let applicants - Nizamuddin @ Ballu, Atikurrahman, Javeed Hassan and Asgar Ali - be released on bail in the aforesaid Case Crime, on their furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicants will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicants will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicants shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(4) The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
(5) The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 13.8.2021 S. Shivhare