Intezar Ali vs State Of U.P.
2019 Latest Caselaw 4067 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18785 of 2019
 

 
Applicant :- Intezar Ali
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Pradeep Kumar
 
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 six accused persons, namely Insar Ali, Arshad Ali, Intjar Ali, Murshad Ali, Firast Ali and Ishrat Ali alleging that on 28.9.2018 they assaulted Ishrat Ali @ Bablu with danda and sharp-edged weapon. He received eleven injuries, resultantly died. It is submitted by the learned counsel for the applicant that there is general allegation against the applicant. No specific role has been assigned to him. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. It has further been submitted that appicant has not committed the alleged offence. He has falsely been implicated in the present case. The co-accused Arshad Ali, Murshad Ali, Firast Ali and Insar Ali having identical role have already been released on bail by another bench of this court vide orders dated 27.3.2019 and 4.4.2019 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 29.9.2018.

Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Arshad Ali, Murshad Ali, Firast Ali and Insar Ali 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 Intezar Ali involved in Case Crime No. 0612 of 2018, under section 147, 148, 149, 323, 324, 325, 302, 307 IPC, P.S. Tanda, District Rampur 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 :- 3.5.2019

Masarrat