Mehraj Ali v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44107 of 2023 Applicant :- Mehraj Ali Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

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

¶2The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 0156 of 2023, under Sections 147, 148, 149, 323, 307 & 504 of I.P.C., Section 7 of Criminal Law Amendment Act and Section 3/25/27 of Arms Act, Police Station-Bahsuma, District-Meerut during pendency of the trial.

¶3Counsel for the applicant contends that the applicant has been falsely implicated in the instant case. A vague and general role has been assigned to the applicant. In the alleged incident, the applicant has also received injury. It is next contended that identically placed co-accused Kaleem has been granted bail by this Court in Criminal Misc. Bail Application No. 43487 of 2023 vide order dated 31.10.2023. The applicant claims parity. The criminal history of the applicant has been explained in para no. 3 of the supplementary affidavit. The applicant is in jail since 17.09.2023. 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 facts from the record.

¶5Having heard learned counsel for the parties and having perused the record this Court prima facie finds that a vague and general has been assigned to the applicant. The identically placed co-accused, Kaleem, has been granted bail by this Court. Further, the applicant has remained confined for more than one month and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant-Mehraj Ali, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; and, iii. the applicant shall appear on each and every date fixed by the trial court.

¶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 :- 3.11.2023 Lbm/- High Court of Judicature at Allahabad