Munna @ Abrar @ Ibrar vs State Of U.P.
2015 Latest Caselaw 4215 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- BAIL No. - 10370 of 2015
 

 
Applicant :- Munna @ Abrar @ Ibrar
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Ghulam Mohammad Kamil
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Bachchoo Lal,J.

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

Learned counsel for the applicant submits that the applicant is not named in the FIR. The FIR of the alleged incident has been lodged against four other persons but during the investigation the name of aforesaid persons, who were named in the FIR have been exonerated by the investigating officer. It has further  been submitted that the applicant has not committed the alleged offence. False allegation has been made against the applicant. The false recovery of a country made pistol has been shown on the pointing out of the applicant. There is no independent witness of the alleged recovery. It has further been submitted that co-accused Mastr @ Mohammad Umar having identical role has already been granted bail by another bench of this Court vide order dated 19.5.2015, therefore the applicant is also entitled for bail on the ground of the parity. There is no criminal history of the applicant and is in jail since 11.12.2013.

Per contra, learned A.G.A has opposed the prayer for bail but could not dispute the fact that co-accused having identical role has already been granted bail. 

Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant  Munna @ Abrar @ Ibrar involved in Case Crime No. 158 of 2013, under Sections  302/34, 120B, 419, 420 IPC,  P.S. Aliganj, District Ambedkar Nagar 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 with the following conditions:-

1. The applicant will not tamper with the evidences.

2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.

3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall at liberty to cancel the bail of the applicant.

Order Date :- 18.11.2015

A.