Junaid and Another v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43462 of 2023 Applicant :- Junaid And Another Opposite Party :- State of U.P. Counsel for Applicant :- Hasan Parvej Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Supplementary affidavit filed on behalf of the applicant is taken on record.

¶2Heard Sri Hasan Parvej, learned counsel for the applicants, learned AGA for the State and perused the record.

¶3By means of this bail application, applicants seek bail in Case Crime No.250 of 2023, under Sections 147, 148, 149, 307, 332, 353, 341, 342, 109, 504 IPC and Section 7 Criminal Law Amendment Act, Police Station Sheeshgarh, District Bareilly, during the pendency of trial.

¶4It is submitted by learned counsel for the applicants that the applicants have been falsely implicated in the present case. It is further contended that similarly placed co-accused, Akaram has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 13.10.2023 passed in Criminal Misc. Bail Application No.43740 of 2023. There is no previous criminal case against the applicants. He next submitted that since the role of the applicant is identical to that of the aforesaid co-accused who has already been enlarged on bail, they are also entitled to be enlarged on bail on the ground of parity. There is no likelihood of their abscondence or tampering with the evidence. The applicants are languishing in jail since

20.08.2023. In case the applicants are released on bail, they will not misuse the said liberty.

¶5The prayer for bail has been vehemently opposed by learned AGA. However, the aforesaid factual aspects of parity to the co-accused could not be disputed.

¶6Considering the facts, circumstances and the submissions made but without commenting on the merits of the case, this Court is of opinion that the applicants have made out a case for grant of bail on the ground of parity. Accordingly, the bail application is allowed.

¶7Let the applicants - Junaid and Javed, involved in the aforesaid case crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that they:

(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.

¶8In 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 :- 18.10.2023 Shahroz High Court of Judicature at Allahabad