The court allowed a bail application filed by the applicant, who alleged false implication. The order granted bail on the specific ground of parity with co-accused who were earlier released on bail by a coordinate bench.
Release on bail on personal bond and two sureties with specific conditions regarding evidence, trial cooperation, and conduct.
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. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27644 of 2021
Applicant :- Parvej Rao @ Noor Aalam Opposite Party :- State of U.P. Counsel for Applicant :- Prashant Sharma,Pawan Singh Pundir Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 83 of 2021 under Sections 420, 467, 468, 471, 120-B I.P.C. and Section 66D of I.T. Act registered at P.S.- Biharigarh, DistrictSaharanpur.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in this case. Applicant has not committed the alleged offence. There is no independent witness of the alleged seizure. Nothing has been recovered from the possession of the applicant. Further submitted that co-accused, Akram and Ajay have been granted bail by coordinate Bench of this Court in Crl. Misc. Bail Application No. 27515 of 2021 on 6.12.2021 and applicant has claimed parity with the co-accused who has been granted bail. Criminal history of the applicant has been explained in paragraph 6 of the Rejoinder-Affidavit. Further submitted that the applicant is languishing in jail since 05.06.2021.
Per contra, learned A.G.A. opposed the prayer for bail, however conceded the factum of parity.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, without commenting upon merits of the case, a case for bail is made out on the ground of parity.
Accordingly, the bail application is allowed.
Let the applicant Parvej Rao @ Noor Aalam involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with 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 :- 15.12.2021 A. Mandhani
1 issue framed by the court
Whether bail can be granted on the ground of parity with co-accused who have already been released.
1 provisions across 1 enactments
Parvej Rao
Anil Kumar Ojha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
