Hamid vs State Of U.P.
2019 Latest Caselaw 5219 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22696 of 2019
 

 
Applicant :- Hamid
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Ashok Kumar Singh,Virendra Kumar Jaiswal
 
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.

Learned counsel for the applicant submits that the applicant is not named in the FIR. His name came into light in the information of informer, thereafter, on 18.1.2019 the applicant, co-accused Umar and Aas Mohammad were arrested by the police. In the confessional statement of Aas Mohammad it has come that the deceased had established illicit relation with his wife due to which the applicant and other co-accused have committed the murder of the deceased. It has further been submitted that there is no directed evidence against the applicant. Except the confessional statement of co-accused there is no other cogent evidence against the applicant. It has further been submitted that false recovery of cloth of deceased has been shown on the joint pointing out of applicant and other co-accused. It has further been submitted that co-accused Imran having identical role has already been released on bail by another bench of this court vide order dated 16.4.2019 in Criminal Misc. Bail Application No. 14890 of 2019, 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 Imran 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 Hamid involved in Case Crime No. 09 of 2019, under section 302, 201, 120B IPC, P.S. Bahadurgarh, District Hapur 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 :- 30.5.2019

Masarrat