Court granted bail to applicant Shahnawaz Alam on ground of parity as co-accused Kamal was released. Applicant ordered to furnish personal bond and two sureties subject to standard bail conditions.
Applicant enlarged on bail on furnishing personal bond and two local sureties of like amount.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49332 of 2020
Applicant :- Shahnawaz Alam Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 349 of 2019, under Sections 420, 406, 467, 468, 471 IPC, Police Station Chandausi, District Sambhal.
Learned counsel for the applicant submits that applicant is not named in the FIR, Kamal and Anil were named in the first information report. According to the FIR co-accused established a company for beneficial investment of money from people and huge rupees were deposited but could not be returned. The coaccused Kamal who has already been granted bail by coordinate Bench of this Court vide order dated 17.04.2020. in Criminal Misc. Bail Application No. 51531 of 2019, therefore, the applicant is entitled for bail on the ground of parity. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there are two other cases criminal history of the applicant in which he has been enlarged on bail which have been explained in paragraph- 11 of the affidavit and he is languishing in jail since 09.08.2019.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact that coaccused has already been released on bail.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties and also perusing the material on record, enlargement of co-accused Kamal on bail, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Shahnawaz Alam involved in aforesaid case crime be released on bail on his/her furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court
concerned, subject to the following conditions :-
(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant 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.
(iii) In case, the applicant misuses the liberty of bail during trial and in order 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.
(iv) The applicant 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 absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 8.1.2021 Israr
1 issue framed by the court
Whether the applicant, whose co-accused has been released on bail, is entitled to bail on the ground of parity despite not being named in the FIR.
4 provisions across 2 enactments
Shahnawaz Alam
Ali Zamin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
