Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44801 of 2017 Applicant :- Saifullah Khan Opposite Party :- State Of U.P.
Counsel for Applicant :- Brijesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Abhai Kumar,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present bail application has been filed by the applicant in Case Crime No. 130 of 2017, under Sections 41, 411, 413, 419, 420, 467, 468, 471 IPC, Police Station - Bhatani, District - Deoria, with the prayer to enlarge him on bail.
It is submitted by the learned counsel for the applicant that the applicant was said to have been arrested alongwith Rudal Yadav upon motorcycle and on their pointing out four vehicles from the house of Durgesh Singh and three vehicles from the house of Saifullah Khan are said to have been recovered. It is submission of the learned counsel that the recovery that has been shown is false and fabricated one and there is no independent witness of the alleged recovery and criminal history of the applicant has been explained in paragraph 4 of the supplementary affidavit. The contention raised by the learned counsel for the applicant is that the co-accused Rudal Yadav has already been enlarged on bail by this Court vide order dated 2.11.2017 passed in Criminal Misc. Bail Application No. 42516 of 2017, copy of which has been placed before the Court. He further submits that since the role of the applicant is identical to that of the co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Learned counsel for the applicant lastly submits that the applicant is in jail since 14.9.2017.
The prayer for bail has been vehemently opposed by learned A.G.A. However, he does not dispute the fact that the similarly placed co-accused has been granted bail by this Court.
Seeing the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record and considering the complicity of the accused applicant in the present case and seeing the fact that identically placed co-accused has already been enlarged on bail, without expressing any opinion on merits of the case, prima facie it is a fit case for grant of bail. However, any observation made hereinabove, will not affect the trial of the case.
Let the applicant Saifullah Khan involved in Case Crime No. 130 of 2017, under Sections 41, 411, 413, 419, 420, 467, 468, 471 IPC, Police Station - Bhatani, District - Deoria, be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant shall co-operate in the investigation.
2. The applicant shall not tamper with the prosecution evidence.
3. The applicant shall not pressurize the prosecution witnesses.
4. The applicant shall appear on the date fixed by the trial Court.
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 applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 28.11.2017/Ranjeet Sahu