Sakir vs State Of U P

Court No. - 23

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43001 of 2017 Applicant :- Sakir Opposite Party :- State Of U.P.

Counsel for Applicant :- Pravendra Kumar Chauhan Counsel for Opposite Party :- G.A.

Hon'ble Abhai Kumar,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The present bail application has been filed by the applicant in Case Crime No. 246 of 2017, under Section 41/414 IPC, Police Station - Mau Darwaja, District - Farrukhabad, with the prayer to enlarge him on bail.

It is submitted by the learned counsel for the applicant that as per allegation in the FIR four persons were arrested whereas four others are said to have been fled away from the place of incident and various recoveries are being made from the joint possession of accused persons and after recoveries in the present case several cases have been imposed upon the applicant and applicant has already been released in all the cases that has been explained in paragraph 14 of the affidavit annexed with the bail applicant and applicant is having no previous criminal history. The contention raised by the learned counsel for the applicant is that the similarly placed co-accused Gafoor has already been enlarged on bail by Sessions Court vide order dated 17.7.2017 passed in Bail Application No. 567 of 2017, copy of which has been annexed as Annexure 3. He further submits that since the role of the applicant is identical to that of the co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Learned counsel for the applicant lastly submits that the applicant is in jail since 1.6.2017.

The prayer for bail has been vehemently 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.

Seeing the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record and considering the complicity of the accused applicant in the present case and seeing the fact that identically placed co-accused has already been enlarged on bail, without expressing any opinion on merits of the case, prima facie it is a fit case for grant of bail. However, any observation made hereinabove, will not affect the trial of the case.

Let the applicant Sakir involved in Case Crime No. 246 of 2017, under Section 41/414 IPC, Police Station - Mau Darwaja, District - Farrukhabad, be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:

1. The applicant shall co-operate in the investigation.

2. The applicant shall not tamper with the prosecution evidence.

3. The applicant shall not pressurize the prosecution witnesses.

4. The applicant shall appear on the date fixed by the trial Court.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

Order Date :- 7.11.2017 Ranjeet Sahu