Allowed

Nasir Ali @ Malik v. State of U.P.

Allahabad HC13 Oct 2022BAIL/34391/2022

Case brief

AI extract

What is this about?

Court allowed bail to applicant Nasir Ali @ Malik in a kidnapping/cutting railway line/luring/etc.? intimate? robbery/alarming case under IPC Sections 395, 412. Granted based on parity of treatment with a co-accused already released on bail and lack of specific prejudice.

What did the court decide?

Release of applicant on personal bond and two reliable sureties of like amount pending conclusion of trial subject to specific conditions.

Nasir Ali @ Malik Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34391 of 2022

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Applicant :- Nasir Ali @ Malik Opposite Party :- State of U.P. Counsel for Applicant :- Dheeraj Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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1.Heard Sri Dheeraj Kumar Singh, the learned counsel for the applicant, Sri Jitendra Kumar Jaiswal, the learned A.G.A. for the State and perused the record.

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2.The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 150 of 2022, under Sections 395, 412 I.P.C., P.S. Phase-II, District Gautam Budh Nagar.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 11-04-2022 alleging that two unknown motor cycle borne boys had robbed a bag containing money from the informant.

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The police claims to have apprehended the applicant and coaccused Vishal Shani on 16-04-2022 on the basis of an information received from a mukhbir and it is alleged that Rs. 1,55,000/- and country made pistols were recovered from the applicant. Rs. 1,50,000/- and a mobile phone is alleged to have been recovered from the co-accused Vishal Shani.

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5.It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case, he is having no previous criminal history and he is in jail since 15.04.2022.It has further been stated in the affidavit that the applicant has no previous criminal history and after his arrest in the present case, the applicant has been implicated in as many as four case and except in a case under the Gangster Act, the applicant has been granted bail and copies of the bail orders have been annexed with the affidavit.

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6.The learned counsel for the applicant has submitted that the co-accused Vishal Suny has been granted bail by means of an order dated 30-09-2022 passed in Criminal Misc. Bail Application No. 38707 of 2022.

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7.It is further submitted by the learned counsel for the applicant that the case set up against the applicant is similar to that set up against the other co-accused persons, who have already been released on bail, therefore, the applicant is also entitled to be

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released on bail on the ground of parity.

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8.Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute that the case set up against the applicant is similar to that set up against the other co-accused persons, who have already been released on bail.

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9.Having considered the aforesaid facts and submissions and keeping in view the fact that the applicant is alleged to have been arrested along with one co-accused Vishal Suny, who has already been granted bail whereas the applicant is languishing in jail since 15-04-2022, I am of the view that the applicant is entitled to be released on bail pending conclusion of the trial. The bail application is accordingly allowed.

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10.Let the applicant - Nasir Ali @ Malik be released on bail in Case Crime No. 150 of 2022, under Sections 395, 412 I.P.C., P.S. Phase-II, District Gautam Budh Nagar on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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11.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application bail before this Court seeking cancellation of bail.

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Order Date :- 13.10.2022 pks

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Digitally signed by PANKAJ KUMAR SRIVASTAVA Date: 2022.10.17 10:26:55 IST Reason: Location: High Court of Judicature at Allahabad

Nasir Ali @ Malik v. State of U.P.

Case brief

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Nasir Ali @ Malik v. State of U.P.

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