Naved v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53021 of 2023 Applicant :- Naved Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

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

¶2By means of this bail application, applicant seeks bail in Case Crime No.160 of 2023, under Sections 34, 147, 148, 149, 323, 307, 325 and 506 IPC, Police Station GRP, District Saharanpur, 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 due to ulterior motive. He was not named in the FIR; his name has come into picture in the statement of the injured. No specific role has been assigned to the applicant as it has been stated by the prosecution that ten persons have assaulted the injured and his friend by hard and blunt object. Learned counsel for the applicant submits that the injuries sustained by the injured are simple in nature. It is further contended that similarly placed co-accused, Suhail Malik and Shakib have already been enlarged on bail by coordinate Benches of this Court vide order dated 08.12.2023 passed in Criminal Misc. Bail Application No.524719 of 2023 and the order dated 08.12.2023 passed in Criminal Misc. Bail Application No.52721 of 2023. He next submitted that since the role of the applicant is identical to that of the 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 case against the applicant. There is no likelihood of his abscondence or tampering with the evidence. The applicant is languishing in jail since 18.10.2023. 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, the aforesaid factual aspects of parity to the co-accused could not be disputed by him.

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

¶6Let the applicant - Naved, 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 :- 11.12.2023 Shahroz High Court of Judicature at Allahabad