Single-judge High Court court granted bail to Aas Mohammad under Sections 420, 467, 468, 471 IPC and 66, 66B IT Act, citing parity with a co-accused already on bail, subject to standard conditions and bonds.
Release granted on personal bond and two sureties subject to conditions regarding evidence tampering, adjournments, and presence in court.
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. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28503 of 2022
Applicant :- Aas Mohammad Opposite Party :- State of U.P. Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Aas Mohammad, with a prayer to release him on bail in Case Crime No. 73 of 2016, under Sections 420, 467, 468, 471 I.P.C. & Section 66, 66B I.T. Act, Police Station- Shamli, District- Shamli (Prabudh Nagar), pendency of trial.
Learned counsel for the applicant has contended that coaccused, Sohanbeer, has been granted bail by this Court on 03.05.2016 in Criminal Misc. Bail Application No. 14066 of 2016. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 08.07.2020. In case he is enlarged on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant but does not dispute the claim of parity.
Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) The applicant shall file an undertaking to the effect that he 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.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufÏcient cause, the Trial Court may proceed against him under
Section 229-A of the Indian Penal Code.
(iv) 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.
(v) 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 sufÏcient 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.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 16.7.2022 KS
Digitally signed by KISHAN SINHA Date: 2022.07.16 18:31:50 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to release on bail on grounds of parity compared to a co-accused.
Aas Mohammad
State of U.P.
Siddharth
Kishan Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
