Allowed

Najim v. State of U.P.

Allahabad HC3 Aug 2018BAIL/29217/2018

Case brief

AI extract

What is this about?

In a bail application under Sections 395, 397, 412 IPC, the court granted bail to the applicant, Najim, relying on the principle of parity as co-accused had already been released. Bail was allowed subject to furnishing a personal bond and two sureties and adherence to imposed conditions.

What did the court decide?

The applicant Najim is released on bail on furnishing a personal bond and two sureties each in like amount, subject to conditions.

Najim Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 45 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29217 of 2018 Applicant :- Najim Opposite Party :- State Of U.P. Counsel for Applicant :- Gajendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.

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The instant bail application has been filed on behalf of the applicant, Najim with a prayer to release him on bail in Case Crime No. 61 of 2018, under Sections 395, 397, 412 IPC, P.S. Faijganj Behata, District Budaun, during pendency of trial.

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Learned counsel for the applicant has contended that the co-accused Chhotey @ Imran and Juned have been granted bail by this Court on 31.7.2018 and 27.7.2018 in Criminal Misc. Bail Application No. 28529 of 2018 and 28149 of 2017, copies of the said order have been produced by the learned counsel for the applicant. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 02.6.2018. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Learned AGA has opposed the prayer for bail, but does not dispute the claim of parity.

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Let the applicant Najim involved in aforesaid case be released on bail 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:-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 3.8.2018 Ruchi Agrahari

Najim v. State of U.P.

Case brief

What is this about?

What did the court decide?

Najim v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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