Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15950 of 2021 Applicant :- Sabir Khan Opposite Party :- State of U.P.
Counsel for Applicant :- Jayendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for applicant(s), learned A.G.A. and perused the record.
This bail application has been preferred by the accused- applicant(s), Sabir Khan, who is involved in Case Crime No. 428 of 2019, under Sections 413, 414 I.P.C. P.S.- Achhnera, District- Agra.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that co-accused Kartar, Ramhet, Suresh and Hariom having similar role to that of applicant has already been granted bail by this Court vide order dated 14.10.2020 passed in Criminal Misc. Bail Application No. 33887 of 2020, therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant has no previous criminal history, he is not likely to abscond.
On behalf of State bail has been opposed but learned A.G.A. conceded on the point of parity.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant(s), Sabir Khan, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
(i) The applicant(s) shall not indulge in any criminal activity.
(ii) The applicant(s) shall not tamper with the prosecution evidence.
(iii) The applicant(s) shall not pressurize the prosecution witnesses.
(iv) The applicant(s) shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 8.4.2021 Prajapati