Shahnoor vs State Of U P

Court No. - 23

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43048 of 2017 Applicant :- Shahnoor Opposite Party :- State Of U.P.

Counsel for Applicant :- Mohd. Akbar Shah Alam Kha Counsel for Opposite Party :- G.A.

Hon'ble Abhai Kumar,J.

Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.

The applicant seeks bail in Case Crime No. 2126 of 2017, under Sections 420, 467, 468, 471, 411, 413, 414 I.P.C., Police Station Kotwali Nagar, District Muzaffar Nagar.

It is submitted by the learned counsel for the applicant that the recovery that has been shown is false and fabricated one. Two mobiles and one pistol of 315 bore are said to have been recovered from the possession of the applicant and in total 18 mobiles from six person are said to have been recovered. There is no eye witness of the recovery. Criminal history of the applicant has been explained in paragraph 9 of affidavit that has been annexed alongwith bail application. It is further submitted that similarly placed co-accuseds, namely, Talib, Usman, Sartaj, Abbas Ali and Shakib have already been granted bail by this Court as well as by another Bench of this Court vide orders dated 25.10.2017, 27.10.2017, 30.10.2017, 1.11.2017 and 31.10.2017 passed in Criminal Misc. Bail Application Nos.40077 of 2017, 40281 of 2017, 41281 of 2017, 42067 of 2017 and 41632 of 2017 respectively, copy whereof have been placed on record, hence, the accused-applicant is also entitled for bail on the ground of parity. The applicant is in jail since 15.9.2017.

Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.

Seeing the facts of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record and also seeing the fact that similarly placed co-accuseds have already been granted bail, prima facie, a case for bail is made out. However, any observation made hereinabove, will not affect the trial of the case.

Let the applicant-Shahnoor, 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 Ajeet