Sabir Vs State of U.P.

Neutral Citation No. - 2023:AHC:204072

Court No. - 72

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43700 of 2023

Applicant :- Sabir Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Samiuzzaman Khan,Mohammad Wadood Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Mohammad Wadood, learned counsel for the applicant and Sri Yogesh Mishra, learned A.G.A. for the State and perused the record.

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Applicant seeks bail in Case Crime No. 97 of 2023, under Sections 342, 389 of I.P.C. and Sections 3/5/8 of Immortal Traffic Activities (Prevention) Act, Police Station Civil Lines, District Rampur, during the pendency of trial.

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It is submitted by learned counsel for the applicant that similarly placed coaccused person, Ahmad Ali, has already been enlarged on bail by another Bench of this Court vide order dated 24.7.2023 passed in Criminal Misc. Bail Application No. 17710 of 2023. He further submitted that since the role of the applicant is identical to that of co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. The applicant is languishing in jail since 27.08.2023, having no criminal history. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial.

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The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspects of parity to the co-accused and of no criminal history of the applicant, have not been disputed by them.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and in light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgement passed by the Apex Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed on the ground of parity.

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Let the applicant- Sabir, involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in 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 pressurize/ intimidate the prosecution 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 indulge in any criminal activity or commission of any crime after being released on bail.

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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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion on the testimony of the witnesses.

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(Justice Krishan Pahal)

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Order Date :- 26.10.2023 Siddhant

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Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad

Sabir v. State of U.P.

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Sabir v. State of U.P.

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