Atikur Rahman Alias Babar vs State Of U.P.
2019 Latest Caselaw 3492 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17371 of 2019
 

 
Applicant :- Atikur Rahman Alias Babar
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Omvir Singh Rajpoot
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

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

According to prosecution case, F.I.R. was lodged against four named accused persons, namely, Jubair, Ahmad Chingari, Kumail, Danish and 3-4 unknown persons alleging that on 23.10.2018 they killed by shot fire to Shavej. He received three gun shot injuries and died. During investigation, the name of Atif, Billoo, Atikur Rahman alias Babar (applicant), Aadam, Ahmad, Guddu, Jafar, Sartaj, Samsher, Aamir and Rafatulla was surfaced and they were also indulged in this crime as conspirators. Specific role has been assigned to above four named accused persons. Learned counsel for the applicant submits that applicant has no concern with the alleged incident. He is not named in the FIR. His name came into light during investigation as conspirator. It has further been submitted that applicant has not caused any injury to the deceased. There was no motive to the applicant to commit the alleged offence. It has further been submitted that co-accused Billu @ Abdul Qadir and Atif having identical role have already been released on bail by another bench of this court vide orders dated 28.3.2019 and 27.3.2019 respectively, therefore, the applicant is also entitled for bail on the ground of parity. The criminal history of the applicant has been explained in para 13 of the affidavit filed in support of bail application. The applicant is in jail since 7.11.2018.

Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Billu @ Abdul Qadir and Atif having identical role have already been released on bail.

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

Let the applicant Atikur Rahman alias Babar involved in Case Crime No. 716 of 2018, under section 147, 148, 149, 302, 504, 506, 120B/34 IPC, P.S. Civil Lines, District Aligarh be released on bail on his furnishing a personal bond with 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 evidence.

2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. He shall 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 be at liberty to cancel the bail of the applicant.

Order Date :- 25.4.2019

Masarrat