A criminal bail application filed under Section 437 CrPC. The applicant sought bail on grounds of parity with a co-accused already released. The court granted bail subject to reasonable conditions without going into the merits of the case.
Applicant released on bail by furnishing a personal bond and two sureties in the like amount subject to standard conditions.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19589 of 2018
Applicant :- Waseem Opposite Party :- State Of U.P. Counsel for Applicant :- Onkar Singh,Sachin Malik Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against Shakeel, Vakil, Sagir, Mintoo, Saista, Parveen and two unknown persons alleging that on 16.2.2016 Noor Mohammad was shot dead by accused persons due to enmity. Subsequently on 22.3.2016 Km. Aayasha, sister of deceased made another application alleging that Asif and Waseem were involved in the crime and prior to incident, they had threatened Noor Mohammad for life.
It is submitted by learned counsel for the applicant that case of present applicant is identical to co-accused Asif Ali @ Siddan who has already been enlarged on bail by coordinate Bench of this Court vide order dated 9.5.2017 passed in Criminal Misc. Bail Application No.21677 of 2016 and the applicant is entitled to bail on the ground of parity(Bail order is at page 37-38). The applicant has been falsely implicated in the present case. He is languishing in jail since 16.4.2018(more than one month). Criminal history of one case has been explained in which he has been acquitted. He is not named in the FIR. There is no recovery at the pointing out of this accused. There is no independent witness. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that case of applicant is identical to co-accused Asif Ali @ Siddan who has been enlarged on bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, 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 applicant Waseem involved in Case Crime No.102 of 2016, under Section 147, 148,149, 302, 120-B IPC, Police Station
Meerapur, District Muzaffarnagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 24.5.2018 P.P.
2 issues framed by the court
Whether bail should be granted to the applicant on grounds of parity with a co-accused already released on bail.
Whether the applicant has made out a case for bail considering the nature of allegations and period of custody.
Waseem
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
