High Court Court No. 74 granted bail to Waseem Khan in a cheating and criminal conspiracy case, relying on the principle of parity with a co-accused who was already released on bail, subject to standard conditions.
Applicant released on bail upon furnishing personal bond and two reliable sureties of equal amount.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35363 of 2021
Applicant :- Waseem Khan Opposite Party :- State of U.P. Counsel for Applicant :- R.P.S. Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in FIR/Case Crime No. 420 of 2020, under Sections406, 417, 419, 420, 120-B I.P.C. and 66C and 66D of I.T. Act, Police Station-Anwala, District- Bareilly with a prayer to enlarge him on bail.
The submission of learned counsel for the applicant is that the applicant is innocent person and has been falsely implicated in the case and in jail since 30.06.2021. In the instant case, one priest has been cheated. The case of the applicant is similar to the co-accused namely Mohammad Shoeb, who has been enlarged on bail by this Court vide order dated 22.12.2021 passed in Criminal Misc. Bail Application Nos. 35381 of 2021. In these circumstances, the applicant is also entitled for bail on the ground of parity. In case of being enlarged on bail, he will not misuse the liberty of bail.
During course of arguments, learned counsel for the applicant placed before this court photocopy of bail order of co-accused Mohammad Shoeb, which is taken on record.
Learned A.G.A., on the basis of instructions, opposed the prayer for grant of bail to the applicant but has fairly conceded that similarly situated co-accused have already been granted bail by this Court.
Considering the rival submissions of learned counsel for parties, material available on record, ground of parity with the co-accused as well as totality of fact and circumstances as also that co-accused persons, having similar role, have already been released on bail and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Waseem Khan be released on bail in the aforesaid case crime on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(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.
(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.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(6) 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.
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.
Order Date :- 6.1.2022 Vinay/-
1 issue framed by the court
Whether the applicant is entitled to bail on the ground of parity with similarly situated co-accused already released.
Colour shows how this judgement treated each authority
Mohammad Shoeb Bail ApplicationReferred¶7
Criminal Misc. Bail Application Nos. 35381 of 2021
4 provisions across 4 enactments
Waseem Khan
State of U.P.
Saurabh Lavania
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Saurabh Lavania
Parties & counsel
