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Rashid vs State Of U P

High Court Of Judicature at Allahabad|22 August, 2019
Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34067 of 2019 Applicant :- Rashid Opposite Party :- State Of U.P. Counsel for Applicant :- J.B. Singh Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
Learned counsel for the applicant submitted that the co-accused Javed, Faheem and Samir have already been enlarged on bail by another Bench of this Court, copy of the order has been annexed with the bail application. He further submitted that since the role of the applicant is identical to that of the co-accused who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Learned counsel for the applicant further submits that the applicant is in jail since 20.3.2019.
The prayer for bail has vehemently been opposed by learned A. G.
A. However, he does not dispute the fact that the similarly placed co-accused has been granted bail by this Court.
Considering the submissions made by learned counsel for the applicant as well as learned A. G. A. and the fact that identically placed co-accused has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
In view of the above, let the applicant Rashid 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 in Case Crime No. 423 of 2014, under Sections 363, 366, 376Gha IPC and section 4 of POCSO Act and section 3(1)12, 3(2)5 of SC/ST Act, P.S. Sector 39 NOIDA, District Gautam Budh Nagar 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, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such 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 learned counsel for the complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 22.8.2019 Kuldeep
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  • Vipin Sinha
  • J B Singh