The Single Judge allowed the bail application of Ajam in a trial under Ss. 392 and 411 IPC. Relying on the principle of parity with co-accused already granted bail, the Court deemed detention unnecessary and granted bail subject to standard conditions.
Release on bail by furnishing a personal bond and two reliable sureties subject to standard 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. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3557 of 2020
Applicant :- Ajam Opposite Party :- State of U.P. Counsel for Applicant :- Akhil Kumar Shukla Counsel for Opposite Party :- G.A
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in S.S.T. No.09 of 2019, Case Crime No.308 of 2018, under Sections 392 and 411 IPC, Police Station Thathiya, District Kannauj, applied for bail.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case by the police to show the good work. FIR is lodged against unknown person. Nothing has been recovery from the possession of applicant. Recovery which has been shown from the applicant is totally false and fake. There is no public witness of the alleged recovery. All the offences are triable by Magistrate. Applicant is in jail since 11.10.2018. It is further submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. Lastly it has been submitted that case of present applicant is on identical footing to the case of co-accused persons, namely, Babban @ Satish and Pramod who have already been granted bail on 30.01.2019 by a co-ordinate Bench of this Court in Criminal Misc. Bail Application No.4226 of 2019, therefore, the applicant be released on bail on the ground of parity and due to heavy pendency of cases in the Court, there is no possibility of early conclusion of the trial.
Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant and admitted that role of co-accused persons who have already been granted bail and present applicant are similar.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, evidence collected by I.O. during investigation, keeping in view of bail granted to the co-accused persons and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Ajam be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 23.1.2020 I.A.Siddiqui
1 issue framed by the court
Whether the applicant deserves to be released on bail considering the parity with co-accused and other circumstances.
Ajam
State of U.P.
Rajendra Kumar IV
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
