Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 371 of 2020, under Sections 147, 148, 149, 332, 336, 323, 504, 506, 307, 427, 452, 295A IPC and Section 7 of Criminal Law Amendment Act, 1934, Police Station Bilhaur, District Kanpur Nagar.
Counsel for the applicant argues that co-accused namely Saddam Hussain, Ali Zameer, Ali Munsheer and Chhanan alias Shadgar Hussain, Shabahat Ali @ Sheebu and Nihal Hussain have already been enlarged on bail by this Court on 5.1.2021, 17.12.2020 and 7.12.2020 in Crl. Misc. Bail Applications No. 48498 of 2020, 45755 of 2020 and 8699 of 2020 respectively. He further submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the prosecution evidence or witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. There is nothing on record to demonstrate that if the applicant is enlarged on bail, it would adversely affect the trial of the case. The applicant in jail since 9.10.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant.
Considering the facts and circumstances of the case, the submissions made by learned counsel for the parties and perusing the material on record, and also keeping in view he fact that the co-accused have been released on bail, without expressing any opinion on merit of the case, I am of the view that the applicant is entitled for bail.
Let the applicant Pasa Jafri @ Abdul Fareed involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
5. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 13.1.2021 vinay