Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41769 of 2021 Applicant :- Noor Alam @ Bhura And 2 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Shashi Prakash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicants Noor Alam @ Bhura, Firoz @ Sapola and Ndeem @ Soilder seeking enlargement on bail during trial in connection with Case Crime No. 418 of 2020, under Sections 395, 412, 120-B I.P.C., P.S.- Syana, District- Bulandshahr.
Submission of learned counsel for the applicants is that the applicants are innocent and have been falsely implicated. Applicants are not named in the FIR. Alleged recovery of ornaments and cash is from the joint possession of the applicants. Applicants have not committed the alleged offences. Nothing has been recovered from the possession of the applicants. He further submitted that co-accused Tahir @ Navi Alam @ Shadab has already been granted bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 20361 of 2021, vide order dated 21.09.2021 and claimed parity as the case of the applicant stands at par with the case of co- accused Tahir @ Navi Alam @ Shadab. He next submitted that the applicant is languishing in jail since 18.10.2020.
Per contra, learned A.G.A. opposed the prayer for bail, however, conceded the factum of parity.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of accused and all other attending circumstances were duly considered.
In view the above on the ground of parity a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicants Noor Alam @ Bhura, Firoz @ Sapola and Ndeem @ Soilder involved in the aforesaid case crime, be released on bail on their furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicants shall not tamper with the evidence or threaten the witnesses.
2. The applicants 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.
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 :- 17.12.2021 v.k.updh.