The High Court granted bail to the applicant in a cheating and forgery case, relying on the principle of parity with a co-accused and noting the applicant had no criminal history.
Applicant released on personal bonds with two sureties in the like amount subject to standard bail conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50788 of 2017
Applicant :- Qamar Gulzar Opposite Party :- State Of U.P. Counsel for Applicant :- Shahabuddin Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Shahabuddin, learned counsel for the applicant and Sri Prabhash Pandey, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the coaccused Syed Aaslam Ali @ Asif Ali has been granted bail by another Bench of this Court on 9.10.2017 in Criminal Misc. Bail Application No.38578 of 2017, a copy of said order has been annexed as annexure-7 to the affidavit accompanying this bail application and the case of the applicant stands on better footing than the co-accused persons, hence the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history. The applicant is in jail since 20.11.2017.
Learned A.G.A. opposed the prayer for bail, but could not dispute the aforesaid fact as argued by the learned counsel for the applicant.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicant is entitled to be released on bail in this case.
Let the applicant Qamar Gulzar involved in Case Crime No.221-C of 2017, under Sections 420, 467, 468, 471 IPC, Police Station Mughalpura, District Moradabad be released on bail on his furnishing personal bonds with two sureties each in the like amount to the satisfaction of the court concerned with the 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.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 2.1.2018 Dev/-
1 issue framed by the court
Whether the applicant is entitled to bail on grounds of parity with a co-accused who was granted bail earlier and lack of criminal history.
Qamar Gulzar
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
