Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28601 of 2018 Applicant :- Noor Ali Alias Noor Alam And 03 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Kailash Pati Singh Yadav,Sheo Prasad Yadav Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicants, Noor Ali Alias Noor Alam, Mohd. Noman, Jubaid and Vahab alias Vahabuddin with a prayer to release them on bail in Case Crime No. 105 of 2017, under sections 147, 148, 149, 323, 504, 506, 427, 436 I.P.C, Police Station Khakhreru, District Fatehpur, during pendency of trial.
Learned counsel for the applicants has contended that the co-accused Daljeet and Mavesh Ahmad have been granted bail by this Court on 25.7.2018 in Criminal Misc. Bail Application No.27702 of 2018, a copy of the said order has been produced by the learned counsel for the applicants, which is taken on record and the case of the applicants stands on identical footing, hence the applicants are also entitled for bail on the ground of parity. The applicants are languishing in jail since 18.6.2018. There is no criminal history to his credit. In case, the applicants are released on bail, they will not misuse the liberty of bail.
Learned AGA has opposed the prayer for bail, but does not dispute the claim of parity.
Let the applicants Noor Ali Alias Noor Alam, Mohd. Noman, Jubaid and Vahab alias Vahabuddin involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 31.7.2018 Ruchi Agrahari