Parvej Khan v. State of U.P. and Another

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38896 of 2023 Applicant :- Parvej Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Faizan Habeeb,Shahabuddin Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

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

¶2The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 591 of 2023 under Sections 419, 420, 467, 468 and 471 I.P.C., Police Station-Baghpat, District-Baghpat, during the pendency of the trial.

¶3Counsel for the applicant contends that the applicant has been falsely implicated in the present case. It is alleged in the F.I.R. that the applicant alongwith other co-accused prepared forged mark-sheet/certificate and used them to extract money. It is contended that the alleged recovery of forged certificates is false and planted, nothing has been recovered from the possession of the applicant as there is no independent witness of the alleged recovery. It is next contended that the co-accused Rashid, having identical role, has been granted bail by coordinate Bench of this court in Crl. Misc. Bail Application No. 46072 of 2023 vide order dated 01.11.2023. The applicant claims parity. The applicant is in jail since

22.07.2023, having no criminal history. In case he is enlarged on bail, he will not misuse the said liberty.

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

¶5Having regard to the submissions made above and the fact that the applicant has remained confined for more than three months, and after submission of the charge-sheet, there is no hope of early conclusion of trial, more so when co-accused persons have been granted bail and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either temper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant-Parvej Khan, involved in aforesaid case 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 :- 1.11.2023 S.Verma High Court of Judicature at Allahabad