Single judge allowed bail to Mohammad Akeel in a cheating and forgery case, relying on parity with a co-accused already granted bail, without expressing an opinion on the merits of the case.
Releasing the applicant on bail by furnishing a personal bond and two sureties of equal amount.
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Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2172 of 2021
Applicant :- Mohammad Akeel Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Sahu Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard Sri Ravi Sahu, learned counsel for the applicant, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant Mohammad Akeel with a prayer to enlarge him on bail in Case Crime No. 316 of 2020, under Sections 419, 420, 467, 468, 471, 120B I.P.C., Police Station Kotwali, District Kanpur Nagar.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that co-accused Rambabu Sonkar having similar role to that of applicant have already granted bail by this Court vide order dated 11.01.2021 passed in Criminal Misc. Bail Application No. 1065 of 2021, therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant has not previous criminal history, he is not likely to abscond.
Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but conceded on point of parity.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, liberty may be given to the trial court to cancel the bail without any reference to this Court.
Order Date :- 20.1.2021 PS
1 issue framed by the court
Whether the applicant be entitled to bail on the basis of parity with a co-accuse who was already granted bail.
Mohammad Akeel
State of U.P.
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
