This criminal bail application was filed by Jubair accused under IPC Sections 411, 414, and 420. The court allowed the bail application, granting release upon execution of a bond and furnishing sureties under the stipulated conditions.
Released on bail by executing a personal bond and furnishing two sureties for the satisfaction of the court concerned.
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Court No. - 93
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58033 of 2022
Applicant :- Jubair Opposite Party :- State of U.P. Counsel for Applicant :- Kumar Beenu Singh Counsel for Opposite Party :- G.A.
Hon'ble Surendra Singh-I,J.
This is an application for bail on behalf of the applicant Jubair in Case Crime No. 737 of 2022, under Sections 411, 414, 420 I.P.C., Police Station Tundla, District Firozabad.
Heard learned counsel for the applicant and the learned A.G.A. appearing for the State.
The submission of the learned counsel for the applicant is that he is innocent and has been falsely implicated in the present crime lodged by the police itself. It is submitted that the applicant has been implicated by the police on the basis of an alleged recovery of two motorcycle shown from the joint possession of the applicant and two other co-accused persons. It is fairly submitted by the learned counsel for the applicant that except the present case, the applicant has criminal history of six more cases, which have been explained in paragraph no. 13 of the affidavit filed in support of the bail application. It is submitted that in all the cases the applicant is on bail, copy of the bail orders are annexed as annexure no. 2 to the affidavit. It is also submitted that co-accused, Irfan, similarly circumstanced as the applicant, has already been enlarged on bail by the learned Sessions Judge, Firozabad vide order dated 01.12.2022 passed in Bail Application No. 4602 of 2022. It is submitted that the applicant is also entitled to be released on bail on the ground of parity. It is in the last submitted that the applicant is
in jail since 28.10.2022 and in case he is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. and the learned counsel appearing on behalf of the informant have vehementally opposed the prayer for bail.
Considering the submissions advanced by the learned counsel for the parties, 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, the fact that coaccused Irfan 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 Jubair 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 :- 19.12.2022 Brijesh Maurya
Digitally signed by BRIJESH KUMAR Date: 2022.12.20 09:38:35 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail on grounds of innocence and parity with a similarly circumstanced co-accused.
1 provisions across 1 enactments
Jubair
State of U.P.
Hon'ble Surendra Singh
Brijesh Maurya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
