Mubeen vs State Of U.P.
2019 Latest Caselaw 3493 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17420 of 2019
 

 
Applicant :- Mubeen
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Bhanu Prakash Verma
 
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.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. No active role has been assigned to him in the FIR. The offence is said to have been committed on 28.12.2018. The FIR was lodged on the same day. Main role of causing firearm injury to the deceased has been assigned to co-accused Shahid and Saleem. In postmortem report only one firearm injury has been found to the deceased. The informant Nazrana in her statement has shown role of applicant for catching hold to the deceased. She has stated that co-accused Munna, Ramveer, Kamal, Saleem, Shahid and Mubeen caught hold the deceased and on the exhortation of Munna, Shahid and Kamal fired upon the deceased. It has further been submitted that applicant had not caused any injury to the deceased. Only the role of catching hold to the deceased has been assigned to applicant. The co-accused Munna having identical role has already been released on bail by another bench of this court vide order dated 9.4.2019 in Criminal Misc. Bail Application No. 14294 of 2019, therefore, the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history and is in jail since 6.1.2019.

Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Munna having identical role has 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 Mubeen involved in Case Crime No. 548 of 2018, under section 147, 148, 149, 302 IPC, P.S. Sadar Bazar, District Mathura 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