Allahabad High Court
Shan Mohd. vs State Of U.P. on 26 April, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17685 of 2019
Applicant :- Shan Mohd.
Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashish Kumar Singh
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 First Information Report of the alleged incident was lodged by Dheeraj Singh, brother of the deceased against the applicant, co-accused Deen Mohammad, Guli Hasan and two unknown making general allegation for committing murder of the deceased by causing gun shot injury. In postmortem report only one gun shot injury has been found on the body of the deceased but it is not specified as to who is the author of this gun shot injury. It has been further submitted that during investigation the second statement of informant Dheeraj Singh was recorded on 14.5.2016 in which he has stated that the applicant and other named accused were not involved in this incident. Kalwa and Nizamuddin are said to be the eye witnesses of the alleged incident. Their statements under section 164 Cr.P.C. were also recorded in which they have stated that Pushpendra, Robin and Lala @ Ankur were standing on the place of occurrence. Robin fired upon the deceased. Thereafter Lala has also fired upon the deceased. The deceased fell down from his motorcycle and they escaped away. It has further been submitted that during investigation the involvement of applicant was found false. No charge-sheet was submitted against the applicant. The charge-sheet was submitted against Pushpendra, Robin and Lala @ Ankur. The applicant has been summoned to face trial on the basis of an application moved under section 319 Cr.P.C. on the basis of statements of P.W.-1 Dheeraj Singh and P.W.-2 Karamvir Singh. General allegation has been made against the applicant. No specific role has been assigned to him. It has further been submitted that co-accused Deen Mohammad having identical role has already been released on bail by this court vide order dated 25.4.2019 in Criminal Misc. Bail Application No. 17399 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 3.4.2019.
Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Deen Mohammad 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 Shan Mohd. involved in Case Crime No. 062 of 2016, under section 147, 148, 149, 302 IPC, P.S. Bahadurgarh, District Hapur 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 :- 26.4.2019
Masarrat
