Wazid and Another Vs State of U.P.

Court No. - 70

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5352 of 2020

Applicant :- Wazid And Another Opposite Party :- State of U.P. Counsel for Applicant :- Braham Singh,Sushil Kumar Tewari Counsel for Opposite Party :- G.A.,Bharat Singh

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicants, Shri Bharat Singh, learned counsel for the informant and learned A.G.A..

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The co-accused, Shamshad and Arshad, have been enlarged on bail vide order dated 28.05.2020 in Criminal Misc. Bail Application No.12934 of 2020 The prayer for release of the applicants on bail on the ground of parity has been made. The applicants are languishing in jail since 8.1.2020.

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Considering the fact that the identically placed co-accuseds have already been released on bail by this Court, without expressing any opinion on the merits of the case, the Court is of the view that it is a fit case for bail. The bail application is allowed.

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Let the applicants, Wazid and Rashid, involved in case crime No. 553-A of 2010, under sections 147, 148, 149, 307, 504 I.P.C, Police Station Nakhasa, District Sambhal be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicants shall cooperate in the trial sincerely without seeking any adjournment.

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The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.

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The applicants shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

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In case, the applicants misuse the liberty of bail and in order

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to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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In case the applicants have been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicants shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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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.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 15.6.2020 Atul kr. sri.

Wazid and Another v. State of U.P.

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Wazid and Another v. State of U.P.

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