Abu Jahabi @ Jaibi v. State of U.P. and 3 Others

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44123 of 2023 Applicant :- Abu Jahabi @ Jaibi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shamasul Eslam Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Heard Sri Shamasul Eslam, learned counsel for the applicant and Sri B.P Singh, learned AGA for the State-respondent.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 385 of 2022, under Sections 377, 506 IPC & Section 5/6 POCSO Act, Police Station Kopaganj, District Mau, during pendency of the trial in the court below.

¶3Learned counsel for the applicant submitted that this is the second bail applicant filed on behalf of the applicant. The first bail application of the applicant has been dismissed on merit on

20.3.2023 by this Court and instant second bail application is being pressed on the ground that after rejection of the first bail application of the applicant, co-accused Mohd Hamid has been enlarged on bail by the co-ordinate Bench of this Court on

3.10.2023 and his bail order has been annexed as annexure-10 to the affidavit and case of applicant is at par with him and therefore, on the ground of parity, applicant may also be released on bail.

¶4He further submitted that applicant is having no criminal history apart from the present case and applicant is in jail in the present matter since 15.11.2022 i.e. for almost a year.

¶5Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant.

¶6I have heard learned counsel for the parties and perused the record of the case.

¶7However, this is second bail application filed on the applicant and the first bail application of the applicant has already been dismissed on merit by this Court but it appears that after rejection of the first bail application of the applicant, co-accused Mohd Hamid has been enlarged on bail by the co-ordinate Bench of this Court on 3.10.2023 and case of applicant is at par with him.

¶8Further, applicant is having no criminal history apart from the present case and applicant is in jail in the present matter since

15.11.2022 i.e. for almost a year.

¶9Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail.

¶10Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶11Let the applicant-Abu Jahabi @ Jaibi, be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶12In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

¶13It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 1.11.2023 Ankita High Court of Judicature at Allahabad