The High Court granted bail to the applicant, Ekrar @ Jaraila, involved in Crime No. 435 of 2020, subject to specific conditions including personal bond and sureties, citing parity with co-accused and lack of misuse of liberty.
Applicant enlarged on bail by executing personal bond and two sureties in like amount.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4350 of 2021
Applicant :- Ekrar @ Jaraila Opposite Party :- State of U.P. Counsel for Applicant :- Sajiya Parveen Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and Sri Manav Chaurasiya learned A.G.A. for the State.
It is submitted by the learned counsel for the applicant that he has been falsely implicated in the present case. In the FIR, allegation against the applicant is that he illegally entered into the house of informant and caused injury to him. It is next submitted that co-accused, Ekrar @ Jaraila, Taj Mohammad and Shan Mohammad, having an identical role has already been granted bail by this Court on 19.11.2020, 20.11.2020 and 18.12.2020 in Criminal Misc. Anticipatory Bail Application No. 8030 of 2020 and in Criminal Misc. Bail Application Nos. 31446 of 2020 and 39062 of 2020 respectively, therefore, the applicant is also entitled for bail on the ground of parity. The applicant has criminal history of four other cases, which is explained in paragraph 14 of the affidavit. He is languishing in jail since 21.12.2020. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant- Ekrar @ Jaraila, involved in Case Crime No. 435 of 2020, under Sections- 147, 148, 149, 323, 354, 307, 308, 452, 504, 506, 427, 120-B I.P.C. and Section 7/8 POCSO Act, Police Station- Manjhanpur, District Kaushambi, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.
This bail order would be subject to the fulfilment of following conditions:-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 21.1.2021
Arvind
1 issue framed by the court
Whether the applicant should be granted bail in the present case considering his co-accused have been granted bail on grounds of parity.
Ekrar @ Jaraila
State of U.P.
Neeraj Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
