Allowed

Mishareyar Khan v. State of U.P. through Secretary Home at Lucknow

Allahabad HC20 May 2022BAIL/2316/2022

Case brief

AI extract

What is this about?

This is a bail application filed by Mishareyar Khan in a drug case. The court, noting that co-accused have already been released on bail, granted bail to the applicant on personal bond and two sureties without expressing a definitive opinion on the merits of the charges.

What did the court decide?

Bail granted by furnishing personal bond and two reliable sureties of like amount to the satisfaction of the court concerned.

Mishareyar Khan Vs State of U.P. through Secretary Home… — Narcotics (NDPS) | Allahabad HC (2022)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2316 of 2022

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Applicant :- Mishareyar Khan Opposite Party :- State Of U.P. Through Secretary Home At Lucknow Counsel for Applicant :- Bipin Kumar,Ali Hasan,Apoorva Vyas,Istiyaq Ali

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Counsel for Opposite Party :- G.A.,Ashish Pandey

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.

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The present bail application has been filed on behalf of the applicant with the prayer to enlarge him on bail in Case Crime No. 0253 of 2021, under Sections 8/21/29/30/22-C/25/27-A of N.D.P.S. Act, Police StationFatehganj Purvi, District Bareilly.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. It is submitted that the allegations made against the accused-applicant are similar and identical to the co-accused Jaki Khan, Nazir Hussain, Shanu and Shahid Khan, who have already been released on bail by this Court vide orders dated 20.04.2022, 25.04.2022, 11.05.2022 and 06.05.2022 passed in Criminal Misc. Bail Application Nos.4243 of 2022, 5378 of 2022, 7466 of 2022, 7835 of 2022 respectively. Accordingly, the applicant is also entitled for bail on the ground of parity. It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may otherwise misuse the liberty of bail and the applicant is in jail since 01.10.221.

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Learned A.G.A. has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant that co-accused have already been released on bail.

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Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and keeping in mind that co-accused have already been released on bail by this Court and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

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Let applicant - Mishareyar Khan be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties

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each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.

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(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.

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(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.

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Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

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Order Date :- 20.5.2022 Sanjeet

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Digitally signed by SANJEET KUMAR YADAV Date: 2022.05.20 16:09:11 IST Reason: Location: High Court of Judicature at Allahabad

Mishareyar Khan v. State of U.P. through Secretary Home at Lucknow

Case brief

What is this about?

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Mishareyar Khan v. State of U.P. through Secretary Home at Lucknow

Case brief

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What did the court decide?

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