The High Court of Allahabad, drawing on the precedent of parity with a co-accused already released, granted interim bail to the applicant who was in jail since October 2017 while facing trial under violent offences.
The applicant is released on bail on executing personal bond and furnishing two sureties with standard conditions.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6075 of 2019
Applicant :- Niyajuddin @ Akku Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Shabbir,Mohd Shamim Khan,Vijay Prakash Chaturvedi Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 1878 of 2017, under Sections 302, 120B I.P.C., 4/25 Arms Act and Section 3(1) U.P. Gangster and Anti-Social Activities (Prevention) Act, P.S. Dhebarau, district-Siddharth Nagar and is in jail since 6.10.2017, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that the applicant was not named in the first information report. His name as an accused in the present case surfaced for the first time during investigation in the statement of co-accused Devendra. It is further submitted that similarly placed co-accused Mumtaz Ahmad has already been enlarged on bail by another Bench of this Court vide order dated 31.7.2019 passed in Criminal Misc. Bail Application no. 4921 of 2019, copy of 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 Mumtaz Ahmad who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.
The prayer for bail has vehemently been opposed by learned A.G.A. However, the aforesaid factual aspect of the matter has not been disputed by him.
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.
In view of the above, let the applicant, Niyajuddin @ Akku be released on bail in the aforesaid case on his executing personal bond and
furnishing two sureties each in the like amount to the satisfaction of the court concerned in the aforesaid case with the following conditions :-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof 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 :- 9.11.2020 Faridul
2 issues framed by the court
Whether the applicant is entitled to bail on the ground of parity given that a similarly placed co-accused has been enlarged on bail.
Whether the non-inclusion of the applicant in the first information report supports the bail application.
Colour shows how this judgement treated each authority
Criminal Misc. Bail Application no. 4921 of 2019Referred¶7
Niyajuddin @ Akku
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
