Allahabad High Court
Naseem Khan vs State Of U.P. on 23 May, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9628 of 2018
Applicant :- Naseem Khan
Opposite Party :- State Of U.P.
Counsel for Applicant :- Shashi Kant Srivastava,Awadhesh Prasad
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.
It is submitted by learned counsel for the applicant that charge sheet was submitted against Naseem and Kishor Kumar @ Papey. Three accused Sanjeev Soni, Rakesh Verma and Abhinav Mishra have been acquitted vide order 23.10.2008 in S.T. No. 250 of 2006 & S.T. No.184 of 2007 by Additional Sessions Judge/Special Judge, E.C. Act, Jhansi. It has further been submitted that after submitting charge sheet against the appliant Non-bailable warrant & 82/83 Cr.P.C. were issued against the applicant. The applicant was living at Delhi and this case was not in the knowledge of applicant due to which he could not appear and surrender before the court concern. The applicant has been arrested on 12.8.2017 and since then he is languishing in jail. It has further been submitted that there is no direct evidence against the applicant. Except the evidence of last seen there is no other cogent evidence against the applicant. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. The applicant has no concern with the alleged incident. He has falsely been implicated in the present case. It has further been submitted that co-accused Kishor Kumar @ Papey having identical role has already been released on bail by another bench of this court vide order dated 25.5.2018 in Criminal Misc. Bail Application No. 9396 of 2018, therefore, the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history.
Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Kishor Kumar @ Papey 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 Naseem Khan involved in Case Crime No. 181 of 2006, under section 147, 148, 149, 302, 201 IPC, P.S. Nawabad, District Jhansi 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 :- 23.5.2019
Masarrat
