Ayyub v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39985 of 2023 Applicant :- Ayyub Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Dwivedi,Abdul Majid,Jitendra Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard learned counsel for the applicant, learned AGA for the State and perused the record.

¶2The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.456 of 2023, under Sections 364, 323, 504 IPC, Police Station Baheri, District Bareilly, during the pendency of trial.

¶3Learned counsel for the applicant contended that the applicant is innocent and has falsely been implicated in the present case. He is not named in the FIR. His name has come into picture in the confessional statement of the co-accused. It is also contended that with regard to the alleged incident no identification parade had been conducted. It is further contended that the applicant has no concern with the alleged incident. No incriminating article has been recovered from possession of the applicant. It is further contended that the co-accused persons, Azeem and Mohd. Afzal have already been enlarged on bail by this Court vide order dated 15.09.2023 passed in Criminal Misc. Bail Application No.40247 of 2023 and the order dated 09.10.2023 passed in Criminal Misc. Bail Application No.39215 of 2023 and on which basis he claims parity for the present applicant. There is no likelihood of his abscondence or tampering with the evidence. The applicant is languishing in jail since 31.07.2023. In case the applicant is released on bail, he will not misuse the said liberty.

¶4Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having regard to the facts, circumstances and the submissions made but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

¶6Let the applicant - Ayyub, involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 16.10.2023 Shahroz High Court of Judicature at Allahabad