Afzal @ Afzaal @ Kanja Vs State of U.P.

In Chamber

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15700 of 2020

Applicant :- Afzal @ Afzaal @ Kanja Opposite Party :- State of U.P. Counsel for Applicant :- Sikandar Khan Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,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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By means of this application, the applicant who is involved in Case Crime No. 404 of 2019, under Sections 302, 201 and 34 I.P.C., P.S. Gulawati, district-Bulandshahar and is in jail since 21.8.2019, is seeking enlargement on bail during the trial.

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The report of this incident was got lodged by the complainant Mohd. Yunus, mentioning therein that his father Abdul Haqeem has given information to the police on 10.08.2019 about the disappearance of his son Sharukh, aged about 23 years, who used to drive a e-rikshaw and suddenly he disappeared with e- rikshaw on 10.08.2019. It was also mentioned in the F.I.R that he lastly seen him on 10.08.2019 in the company of co-accused Feroz , Farukh and the accused Khanja near the barmadpur railway under pass. It was also mentioned in the F.I.R that disappeared Sharukh has committed maar-rpeet with his brother-in-law Feroz and due to that Feroz was having enmity with deceased Sharukh. After registration of FIR the police started investigation and arrested co-accused Farukh and the dead body of deceased was recovered on his pointing out. Name of the present accused came into light in the confessional statement of co-accused Farukh and a joint recovery of e- rikshaw was made from their possession.

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This is the second bail application of the applicant. The first bail application of the applicant was rejected by this Court vide order dated 10.1.2020 passed in Criminal Misc. Bail Application No. 58129 of 2019. The new ground on which the the applicant is seeking enlargement on bail during the trial, vide this application is that after the rejection of the first bail application of the applicant similarly placed co-accused, Firoz on whose pointing out the dead body of the deceased was recovered and other co-accused Farooq on whose pointing out a knife and E-Rikshaw were recovered, have already been enlarged on bail by coordinate Benches of this Court vide orders dated 10.2.2020 and 19.2.2020 respectively passed in Criminal Misc. Bail Application Nos. 3985 of 2020 and 3733 of

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2020, copy whereof has been filed as Annexure-4 to the affidavit accompanying the bail application. He further submitted that since the role of the applicant is identical to that of co-accused, Firoz and Farooq who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.

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The prayer for bail has vehemently been opposed by learned A.G.A.

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Considering the submissions made by learned counsel for the applicant as well as learned A.G.A., this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.

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In view of the above, let the applicant, Afzal @ Afzaal @ Kanja be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.

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(a) The applicant shall attend the court according to the conditions of the bond executed by him.

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(b) 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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Order Date :- 13.7.2020 Faridul

Afzal @ Afzaal @ Kanja v. State of U.P.

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Afzal @ Afzaal @ Kanja v. State of U.P.

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