This bail application was filed by Rashid in a case involving murder and unrelated charges. The court found it to be a fit case for bail, relying on parity with a co-accused already released, and granted relief subject to standard conditions.
Applicant released on bail by furnishing a personal bond and two reliable sureties to the satisfaction of the court.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24316 of 2019
Applicant :- Rashid Opposite Party :- State Of U.P. Counsel for Applicant :- Ajai Krishna Srivastava,K0511,Kamla Kant Pandey,Rama Shankar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, Sri Kuldeep Kumar, learned counsel for the O.P. No. 2 and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No. 220 of 2018 under Sections 147, 149, 302, 364 I.P.C., P.S. Aahar District Bulandshahr.
It is submitted by learned counsel for the applicant that similarly placed co-accused Imran has already been enlarged on bail by another Bench of this Court by order dated 11.12.2018 passed in Criminal Misc. Bail Application No. 44101 of 2018, copy of the bail order produced by learned counsel for the applicant is taken on record. He further submitted that since the role of the applicant is identical to that of co-accused Imran who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Lastly he submitted that the applicant has no previous criminal history and he is languishing in jail since 5.8.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned AGA has opposed the bail plea. However, learned A.G.A. has not disputed the factum of parity.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Rashid be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions;-
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 13.8.2019 AS Rathor
2 issues framed by the court
Whether the applicant is entitled to bail on grounds of parity with a similarly placed co-accused who has already been granted bail.
Whether the present case constitutes a fit case for bail considering the nature of allegations and gravity of offence.
Rashid
State Of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
