Allowed

Akbar v. State of U.P.

Allahabad HC6 May 2019BAIL/19002/2019

Case brief

AI extract

What is this about?

This court granted bail to the applicant, Akbar, in a criminal trial. The court relied on the parity principle where a co-accused was already released. Bail was granted on personal bond and two sureties of Rs. 15 lakhs each with strict conditions.

What did the court decide?

Release on bail on personal bond and two sureties of Rs. 15 lakhs each, subject to conditions including appearance before police every fortnight and no travel abroad without permission.

Akbar Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19002 of 2019

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Applicant :- Akbar Opposite Party :- State Of U.P. Counsel for Applicant :- Mohammad Khalid,Imran Ullah Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Supplementary affidavit filed by learned counsel for the applicant today in the Court, is taken on record.

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Heard Sri Imran Ullah, learned counsel for the applicant, Sri Mohd. Shoaib Khan, 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, Akbar with a prayer to release him on bail in Case Crime No. 341 of 2017, under Sections 363, 366 I.P.C., Police Station- Dhoomanganj, District- Prayagraj (Allahabad) , during pendency of trial.

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It is argued by the learned counsel for the applicant that the applicant is innocent and is not named in the F.I.R. The name of the applicant is surfaced in the statement of the informant under Section 164 Cr.P.C. The co-accused-Farhan, who is also not named in the F.I.R., has already been granted bail by another Bench of this Court vide order dated 26.04.2019 passed in Criminal Misc. Bail Application No. 16969 of 2019, copy of which order has been appended as Annexure no. S.A.-1 to the supplementary affidavit in support of the bail application and the case of the applicant stands on better footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 21.11.2017. The criminal history of applicant has been explained in paragraph no.29 of the affidavit accompanying the bail application. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.

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Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

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Having considered the submissions of the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two heavy sureties (not less than Rs. 15 lakhs ) each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witnesses.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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The applicant shall deposit his passport with the trial court within two weeks from the date of his release from prison and if he has no passport, he shall swear to it on affidavit within the same period and shall not leave the country without prior permission of the court concerned.

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The applicant shall appear in person before the police station concerned on every fortnight regularly. On his appearance, the concerned S.H.O. / S.O. shall prepare a report regarding conduct of the applicant and same shall be furnished before the S.S.P. / S.P. concerned on the next day, who will assess the conduct of the applicant keeping in view the conditions imposed in the order granting bail to the applicant.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 6.5.2019 JK Yadav

Akbar v. State of U.P.

Case brief

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Akbar v. State of U.P.

Case brief

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