Allahabad High Court
Immamuddin vs State Of U.P. on 8 July, 2019
Bench: Aniruddha Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26942 of 2019
Applicant :- Immamuddin
Opposite Party :- State Of U.P.
Counsel for Applicant :- Birendra Singh Khokher
Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Mayank Mishra (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against ten accused persons, namely, Mojam, Imamuddin, Abdulla, Rahman, Abdul, Sabir, Bhure, Jabir, Yunus and Ajam alleging that on 10.5.2018 they assaulted Dilshad. He received one head injury caused by Abdul Salam and died.
Learned counsel for the applicant submitted that co-accused Rahman, Sabir, Abdulla amd Mojam have already been enlarged on bail by this Court vide orders dated 28.2.2019, 7.3.2019, 29.5.2019 and 3.7.2019 in Criminal Misc. Bail Application Nos. 8756 of 2019, 32674 of 2018, 45691 of 2018 and 26353 of 2019 and the case of the applicant is identical to the case of co-accused who have been enlarged on bail; hence the applicant is also entitled to bail on the ground of parity. The applicant is languishing in jail since 16.8.2018 (more than ten and half months) having no criminal history. The applicant is innocent and has been falsely implicated in the present case. Nothing was recovered from the possession of applicant. There is cross case also, which was registered as Case Crime No. 188 of 2018, under Sections 147, 148, 323, 325 and 504 I.P.C. There is no eye witness account against the applicant. There is no independent witness against the applicant and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that the case of the applicant is identical to the case of co-accused, who has been enlarged on bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Immamuddin involved in Case Crime No. 184 of 2018, under Section 147, 148, 323, 324, 307, 302, 352, 452, 504, 506, 120-B IPC, Police Station-Saroorpur, District-Meerut be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2.The applicant will not pressurize/ intimidate the prosecution witness.
3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 8.7.2019
A. Singh
