The High Court granted bail to the applicant in a cheating and forgery case, noting parity with co-accused who received bail, and set bond conditions including attendance and non-interference with witnesses.
Release on bail with a personal bond with two sureties in like amount.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5537 of 2018
Applicant :- Azhar Khan @ Azhar Rauf Khan Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Rajesh Kumar Mishra, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the coaccused Naeem Uz Zafar having similar role has been granted bail by this Court vide order dated 18.09.2017 in Criminal Misc. Bail Application No. 35418 of 2017 and 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 in jail since 31.01.2018.
Learned A.G.A. opposed the prayer for bail.
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, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Azhar Khan @ Azhar Rauf Khan involved in Case Crime No. 221 of 2017, under Section 420, 467, 468 & 471 I.P.C., Police Station Mughalpura, District Moradabad be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
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 :- 15.2.2018 Arti Sharma
1 issue framed by the court
Whether the applicant is entitled to bail on grounds of parity with a co-accused and based on prima facie satisfaction of the Court.
1 provisions across 1 enactments
Azhar Khan @ Azhar Rauf Khan
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
