Mohd Alif Urman Urf Mohd Ali Farman v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36826 of 2023 Applicant :- Mohd Alif Urman Urf Mohd Ali Farman Opposite Party :- State of U.P. Counsel for Applicant :- Om Prakash,Shrikrishna Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard learned counsel for the applicant, learned AGA for the State who has filed counter affidavit which is taken on record and perused the record.

¶2By means of this bail application, applicant seeks bail in Case Crime No.05 of 2021, under Sections 419, 420, 467, 468, 471 IPC and Section 66D of IT Act, Police Station Cyber Crime, District Mirzapur, during the pendency of trial.

¶3It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. It is also contended that similarly placed co-accused persons have already been enlarged on bail by coordinate Benches of this Court vide orders dated; (i) 24.05.2023 passed in Criminal Misc. Bail Application No.23489 of 2023 (Kazim Hashmi Vs. State of UP); (ii) 25.07.2023 passed in Criminal Misc. Bail Application No.32248 of 2023 (Mohd. Iqlak Ali Vs. State of UP); (iii) 13.09.2022 passed in Criminal Misc. Bail Application No.26781 of 2022 (Suman Kumar Vs. State of UP); and (iv)

19.09.2022 passed in Criminal Misc. Bail Application No.25888 of 2022 (Versha Kumari Vs. State of UP). He further submitted that since the role of the applicant is identical to that of aforesaid co-accused who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. There is no previous criminal history of the applicant. There is no likelihood of his abscondence or tampering with the evidence. The applicant is languishing in jail since 18.07.2023. In case the applicant is released on bail, he will not misuse the said liberty.

¶4The prayer for bail has been vehemently opposed by learned AGA. However, he could not dispute the aforesaid factual aspects of parity to the co-accused.

¶5Considering the facts, circumstances and the submissions made but without commenting on the merits of the case, this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity. Accordingly, the bail application is allowed.

¶6Let the applicant - Mohd Alif Urman Urf Mohd Ali Farman, 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 :- 3.11.2023 Shahroz High Court of Judicature at Allahabad