Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39971 of 2021 Applicant :- Parvez S/O Ashfaq Opposite Party :- State of U.P.
Counsel for Applicant :- Avnish Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Sri Avnish Kumar Srivastava, learned counsel for the applicant, learned A.G.A for the State and perused the record.
Learned counsel for the applicant submits that the applicant is innocent and has not committed the present offence. It is further submitted by learned counsel for the applicant that co-accused Mudassir and Irshad have been granted bail by this Court on 07.10.2021 and 08.10.2021 vide Criminal Misc. Bail Application No. 39045 of 2021 and 40937 of 2021 by the coordinate Bench of this Court. He further submits that since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. Criminal case shown as criminal history has been duly explained. The applicant is in jail since 09.08.2021.
On the other hand, learned AGA opposed the prayer for bail.
Considering the submissions of the learned counsel for the parties, the fact that the identically placed co-accused has already been released on bail by this Court, without expressing any opinion on the merits of the case, the Court is of the view that it is a fit case for bail. The bail application is allowed.
Let the applicant Parvez s/o Ashfaq involved in Case Crime No. 259 of 2021, under Sections 342, 395, 412, 120-B IPC, P.S. Saroorpur, District Meerut be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned court/authority/official shall verify the authenticity of such computerised copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
Order Date :- 26.10.2021 Sachdeva Digitally signed by OM PRAKASH Date: 2021.10.26 13:48:43 IST Reason: Document Owner Location: High Court of Judicature at Allahabad