Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56913 of 2019 Applicant :- Shamsher Shaikh And 7 Others Opposite Party :- State of U.P. Counsel for Applicant :- Zafar Abbas Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants, learned AGA and perused the record.
By means of this application, the applicants who are involved in case crime no. 461 of 2019, under Sections 420, 467, 468, 471, 269, 270, 429, 34 IPC and Section 3/11 Ka (Tha) The Prevention of Cruelty to Animals Act, P.S. Galshaheed, District- Moradabad, are seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicants that co- accused Azam has been granted bail by this Court vide order dated 17.12.2019 passed in Criminal Misc. Bail Application No. 55865 of 2019. Case of the applicants is identical to the case of aforesaid co-accused, therefore, the applicants are also entitled to be released on bail on the ground of parity. The applicants are in jail since24.10.2019 and the applicants undertake that in case they are released on bail, they will not misuse the liberty of bail and cooperate in trial.
Learned AGA could not dispute the aforesaid facts advanced by learned counsel for the applicants.
Considering the facts and circumstances of the case, keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicants have made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicants Shamsher Shaikh, Imtiyaz, Rabiul, Jamshed, Sajid, Badre Alam, Arshad and Irshad, 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 with the following conditions which are being imposed in the interest of justice:-
i) The applicants will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicants will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicants will not indulge in any unlawful activities.
(iv) The applicants will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 19.12.2019 Sumaira/AK Pandey