The court granted bail to the applicant Riyasat in a case involving Sections 376-D and 120B IPC, relying on the principle of parity with a co-accused already enlarged on bail and noting the absence of criminal history against the applicant.
Bail granted by executing a personal bond and furnishing two sureties.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9491 of 2022
Applicant :- Riyasat Opposite Party :- State of U.P. Counsel for Applicant :- M J Akhtar Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicants and the learned A.G.A. for the State.
This is a bail application on behalf of the applicant Riyasat in connection with Case Crime No. 563 of 2021, under Sections 376-D and 120B of IPC, Police Station-T.P. Nagar, districtMeerut.
The submission of learned counsel for the applicant is that the applicant is quite innocent and have been falsely implicated in the present case with the ulterior motive. Learned counsel for the applicant submit that co-accused Ummed has already been enlarged on bail by another co-ordinate Bench of this court, vide orders dated 11.10.2022, passed in Criminal Misc. Bail Application No. 23370 of 2022. A copy of his Bail order submitted by the learned counsel for the applicant during the course of hearing, which is taken on record. He submits that the role assigned to the applicant is similar to the role assigned to other co-accused, who has already been enlarged on bail. He further submits that on the ground of parity the applicants is entitled to bail. It is further submitted that there is no criminal history against the applicant. He submitted that the applicant is languishing in jail since 24.10.2021 and in case of being released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The learned A.G.A. has opposed the prayer for grant of bail to the applicant, but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties, without expressing any opinion on the merit of the case, I find it to be fit case for granting bail.
Accordingly, the bail application stands allowed.
Let the applicant Riyasat involved in the aforesaid crime be
released on bail on executing a 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 an 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.
Order Date :- 3.11.2022 Neetu
Digitally signed by NEETU SINGH Date: 2022.11.05 16:34:51 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted to an accused accused of rape and criminal conspiracy who claims meritless implicate and parity with a co-accused already on bail.
1 provisions across 1 enactments
Riyasat
State of U.P.
Shekhar Kumar Yadav
Neetu Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
