Application for bail in an investigation case involving IPC offences. Court allowed bail based on parity, noting previous grants for the same offence and co-accused bail, imposing standard conditions.
Applicant released on bail via personal bond and two sureties with conditions against tampering, harassment, absence, and reoffending.
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Court No. - 93
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42001 of 2022
Applicant :- Mohd. Sartaj Opposite Party :- State of U.P. Counsel for Applicant :- Faiz Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Surendra Singh-I,J.
Heard learned counsel for the applicant, the learned A.G.A. for the State and perused the material available on record.
The instant bail application has been filed on behalf of the applicant, Mohd. Sartaj with a prayer to release him on bail in Case Crime No. 42 of 2022, under Sections 109,34,327,153A I.P.C., Police Station Bekanganj, District Kanpur Nagar during pendency of trial.
It has been submitted on behalf of the applicant that earlier the applicant, Mohd. Sartaj has been enlarged on bail in this Crime being Case Crime No. 42 of 2022, under Sections 147, 148, 149, 153, 307, 323, 332, 336, 353, 427, 506, 120-B I.P.C., Section 7 Criminal Law Amendment Act and Section 3/4 Prevention of Damages to Public Property Act, Police Station Bekanganj, District Kanpur Nagar vide order dated 27.09.2022 passed in Criminal Misc. Bail Application No. 37676 of 2022. It is further submitted that during investigation additional Sections 109, 34, 327, 153A I.P.C. has been added in the aforesaid crime and the present bail application has been filed seeking bail in aforesaid added sections.
The learned A.G.A. on instructions received, informed the Court that apart from the present case, applicant has criminal history of two cases being Case Crime no. 43 of 2022 and Case Crime No. 44 of 2022.
It has been stated on behalf of the applicant that in Case Crime No. 44 of 2022, under Sections 147, 148, 149, 153, 307, 323, 336, 504, 506, 120B I.P.C. and Section 7 Criminal Law Amendment Act, Police Station Bekanganj, District Kanpur Nagar, the applicant has been released on bail by this Court vide order dated 10.10.2022 passed in Criminal Misc. Bail Application No. 41898 of 2022. It has been stated that bail application in Case Crime No. 43 of 2022 is pending for disposal. It is further submitted that co-accused Abdul Rahman, identically circumstanced as the applicant, has been enlarged on bail by another co-ordinate bench of this Court vide order dated 05.09.2022 passed in Criminal Misc. Bail Application No.
37407 of 2022, entitling the applicant to be released on bail on the ground of parity. It is in the last submitted that the applicant is in jail since 04.06.2022 and in case he is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. appearing on behalf of the State has opposed the prayer for bail but could not deny the averments made by the accused-applicant.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that earlier the applicant has already been enlarged on bail in present crime, the fact that co-accused Abdul Rahman, has already been enlarged on bail, but without expressing any opinion on the merits of the case, this Court is of opinion that the applicant is entitled to bail.
The bail application, accordingly, stands allowed .
Let the applicant Mohd. Sartaj involved in the aforementioned case be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before the Court concerned.
Order Date :- 10.11.2022 Brijesh Maurya
Digitally signed by BRIJESH KUMAR Date: 2022.11.11 10:02:22 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted to the applicant who has previously been granted bail in the same crime for other sections and one co-accused has been granted bail.
Whether the applicant's bail with additional charges necessitated by further investigation warrants grant under parity grounds.
Mohd. Sartaj
Surendra Singh
Brijesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
