High Court C.No.76 allowed bail for Inzumam Ali charged with rioting and grievous hurt alongside other IPC offences. The court noted co-accused were already on bail and held it fit to grant release barring tampering with evidence.
Applicant released on bail on personal bond with two sureties subject to conditions of not interfering with witnesses or evidence.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39610 of 2020
Applicant :- Inzumam Ali Opposite Party :- State of U.P. Counsel for Applicant :- Farid Ahmed Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Inzuman Ali in connection with Case Crime No.533 of 2019, under Sections 147, 148, 149, 109, 114, 323, 307, 332, 336, 337, 341, 353, 427, 505 I.P.C., and Section 3/4 Prevention from Damages to Public Property Act and Section 7 Criminal Law (Amendment) Act, Police Station Chandausi, district Sambhal.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with an ulterior motive. He submitted that the co-accused Nahid and Bablu alias Dilshad have been admitted to the concession of bail by another Bench of this Court by orders dated 11.11.2020 and 11.11.2020 passed in Criminal Misc. Bail Application Nos.38194 of 2020 (Nahid) and 38750 of 2020 (Bablu alias Dilshad) and the role assigned to the applicant is similar to the role of the other co-accused, who have already been enlarged on bail. He claims parity. He submitted that the applicant is languishing in jail since 21.09.2020 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea. However, learned A.G.A. does not dispute 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 and also the fact that the aforesaid coaccused have been admitted to the concession of bail by this Court, 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 Inzuman Ali involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity prof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 18.11.2020 R./
2 issues framed by the court
Whether the bail application should be allowed considering the nature of allegations and parity of other co-accused granted bail.
Whether the applicant can be released on bail subject to standard conditions while pending trial for serious offences.
3 provisions across 3 enactments
Inzumam Ali
State of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
