Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13014 of 2021 Applicant :- Rizwan Pathan Opposite Party :- State of U.P. Counsel for Applicant :- Farid Ahmed Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicant Rizwan Pathan seeking bail in Case Crime No. 1027 of 2020, under Sections 392, 411, 427 IPC, Police Station Civil Lines, District Moradabad, during pendency of trial.
Submission of learned counsel for the applicant is that the applicant is wholly innocent and has been falsely implicated in the present case. The FIR was lodged against unknown persons. He further submitted that after 15 days of the alleged incident the applicant was arrested by the police party along with other accused persons.
He has next submitted that similarly placed co-accused Asif has already been granted bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos. 583 of 2021, vide orders dated 19.07.2021 and case of the applicant stands on the same footing as that of co-accused Asif, who has already been granted bail. He has next submitted that the applicant is in jail since 28.08.2020. He further submitted that there are two case of criminal history of the applicant in which he has been granted bail by lower court on 14.09.2020 and 27.08.2020. In case, the applicant is released on bail, he will not misuse the liberty of bail and will co-operate in the trial by all means. There is no chance of applicant fleeing away from judicial process or tampering with the witnesses, as such he be released on bail.
Per contra, learned A.G.A. opposed the prayer for bail however, he did not dispute the fact as raised by learned counsel for the applicant.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, complicity of accused, nature and severity of punishment in case of conviction and all other attending circumstances were duly considered.
Considering the rival submissions of the learned counsel for the parties, keeping in view the facts and circumstances of the case, without commenting upon merits of the case, a case for bail is made out.
The bail application is accordingly allowed.
Let the applicant Rizwan Pathan be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will co-operate in the trial pending before the court concerned on the dates fixed after release.
2. The applicant will not tamper with the witnesses.
3. The applicant will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of order downloaded from the official website of the High Court, Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the parties concerned.
The concerned authority/court/official shall verify the authenticity of the computerized copy of the order from the official website of the High Court, Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.7.2021 v.k.updh.