Allahabad High Court
Shahrukh vs State Of U.P. on 2 May, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18649 of 2019
Applicant :- Shahrukh
Opposite Party :- State Of U.P.
Counsel for Applicant :- Udai Bhan Singh,Avanish Pratap 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.
According to prosecution case, F.I.R. was lodged on 24.7.2018 (after two days of incident) against six accused persons, namely Subrati, Shahrukh, Mainu, Sanjay, Rafeeque and Akil Khan alleging that on 22.7.2018 at 9.30 p.m. night they assaulted Veeru, he received one lacerated wound on head, resulting his death. During investigation, it was found that there is illicit relation between deceased and wife of Subrati due to which they killed him. Specific role of assault was assigned to co-accused Subrati. It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. The role of assault was assigned to co-accused Subrati. The incident has taken place at night. None have seen the incident. There is no independent witness of the alleged incident. It has further been submitted that co-accused Rafeeque and Sanjay Khan having identical role have already been released on bail by another bench of this court vide orders dated 17.4.2019 and 28.3.2019 in Criminal Misc. Bail Applications No. 13756 of 2019 and 12530 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 18.1.2019.
Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Rafeeque and Sanjay Khan 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 Shahrukh involved in Case Crime No. 812 of 2018, under section 302, 147, 149, 323, 504 IPC, P.S. Jagdishpura, District Agra 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 :- 2.5.2019
Masarrat
