Sheryab vs State Of U.P.
2016 Latest Caselaw 4460 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 28
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23916 of 2016
 

 
Applicant :- Sheryab
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Kashif Gilani
 
Counsel for Opposite Party :- G.A. 
 
Hon'ble Abhai Kumar, J.

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

It is submitted by learned counsel for the accused-applicant that co-accused Riyajul having identical role has already been granted bail by another Bench of this Court vide order dated 04.07.2016 passed in Criminal Misc. Bail Application No. 20997 of 2016 - (Riyajul Vs. State), copy of which has been produced and the same is taken on record.

It is further submitted that accused-applicant was unnamed in the F.I.R, but the charge-sheet was not submitted against him. Later on, on the statement of prosecution witness he was summoned under Section 319 of Cr.P.C.

Seeing that fact that co-accused having identical footing and was also summoned under Section 319 Cr.P.C has already been granted bail, the accused-applicant is also entitled to be enlarged on bail on the ground of parity. Learned counsel for the applicant lastly submits that the applicant is in jail since. 01.01.2016.

The prayer for bail has been vehemently opposed by learned A.G.A. However, he does not dispute the fact that the similarly placed co-accused have been granted bail by this Court.

Considering the submissions made by the learned counsel for the applicant as well as learned A.G.A and the fact that identically placed co-accused has already been enlarged on bail, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view will not in any manner adversely affect the case of the prosecution.

In view of the above, let the applicant ? Sheryab, involved in Case Crime No. 356 of 2001, under Sections 147, 148, 149, and 302 I.P.C, Police Station ? Kithore, District - Meerut, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

1. The applicant shall not tamper with the prosecution evidence.

2. The applicant shall not pressurize the prosecution witnesses.

3. The applicant shall appear on the date fixed by the trial Court.

In case of default of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.

Order Date :- 22.07.2016

Vinod.