Danish vs State Of U.P.
2019 Latest Caselaw 3679 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17906 of 2019
 

 
Applicant :- Danish
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Zia Naz Zaidi
 
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 ten accused persons, namely Chanda, Aslam, Aakash, Suhel, Jamil, Naseem, Nabbo, Maisar and grand son of Saleem alleging that they assaulted Anis with knives, Chhura and sword. He received 12 injuries. One is fatal injury and died. No incised wound was found. It is submitted by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case. The applicant is grand son of Saleem. He has no concern with the alleged incident. There is general allegation against the applicant. No specific role has been assigned to him. Chhura has been shown in the hands of the applicant but no incised wound has been found on the body of the deceased. The recovery of knives has been shown on the joint pointing out of applicant and co-accused Aslam, Akash, Chanda, Sonu and Maisar. It has further been submitted that false recovery has been planted against the applicant. There is no eye witness of the alleged recovery. It is further argued that co-accused Jamil, Aakash and Aslam having identical role have already been released on bail by another bench of this court vide orders dated 12.3.2019 and 15.3.2019 in Criminal Misc. Bail Applications No. 34344 of 2018 and 11459 of 2019 respectively, therefore, the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history and is in jail since 24.10.2017.

Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Jamil, Aakash and Aslam 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 Danish involved in Case Crime No. 692 of 2017, under section 147, 148, 149, 307, 302, 34 IPC, P.S. Sasni, District Hathras 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 :- 29.4.2019

Masarrat