Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7184 of 2021 Applicant :- Sakir @ Sakka Opposite Party :- State of U.P.
Counsel for Applicant :- M.P.S. Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that identically placed co-accused Rafiq, Kamal Agarwal, Dheeraj Agrawal have been granted bail by another Bench of this Court vide orders dated 21.10.2020, 7.1.2021 and 5.2.2020 passed in Criminal Misc. Bail Application Nos. 32756 of 2020, 57222 of 2019, and 41016 of 2019 respectively. 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 on the ground of parity. It is next submitted that the applicant is innocent and has been falsely implicated in the present case. He has no previous criminal history. He is languishing in jail since 17.7.2019.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, the fact that co-accused have already been released on bail by this Court and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Sakir @ Sakka involved in Case Crime No.
176 of 2019 (S.T. No. 88 of 2020), under Sections 120-B, 34, 394, 302, 411 IPC P.S. Akrabad District Aligarh be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) 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.
(v) 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 temper 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 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 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 :- 28.7.2021 Gss