Allahabad High Court
Mohd. Shahil vs State Of U.P. on 23 May, 2022
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20536 of 2022
Applicant :- Mohd. Shahil
Opposite Party :- State of U.P.
Counsel for Applicant :- Mohd. Akaram
Counsel for Opposite Party :- G.A.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The supplementary affidavit is taken on record.
The instant bail application has been preferred with a prayer to release the applicant on bail in Case Crime No.110 of 2021 under Section 147, 148, 153A, 323, 354kha, 504, 452, 506, 120B IPC and 7 Criminal Law Amendment Act and 3/5 (A) of U.P. Prohibition of Unlawful Conversion of Religion Act, 2020, P.S. Colonelganj, Distt. Kanpur Nagar during pendency of the trial in the court below.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. While pressing the bail application, learned counsel for the applicant has placed reliance on the order dated 14.12.2021 by which the co-accused has been granted bail by this Court in Criminal Misc. Bail Application No.44963 of 2021 (Aftab v. State of U.P.). It is contended that the applicant on similar footing is also entitled for similar indulgence. It is contended that the applicant has never been named in the FIR and only on the basis of certain CCTV footage the prosecution wanted to implicate the applicant. Reliance has also been placed on the order dated 7.1.2022 by which the other co-accused has also been granted bail by this Court in Criminal Misc. Bail Application No.49352 of 2021 (Rahman v. State of U.P.). As such on the ground of parity indulgence is being asked for. Lastly, it has been submitted that the applicant is languishing in jail since 15.2.2022 having no criminal history and there is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case, he is released on bail.
Learned counsel for the applicant in support of his submissions has placed reliance upon the judgment of Hon'ble Apex Court dated 6.2.2018 in Criminal Appeal No.227 of 2018 (Dataram Singh v. State of U.P. & Ors.) and the order of Punjab and Haryana High Court dated 14.10.2020 in CRM-M-31988-2020 (O&M) (Kamal v. State of Haryana).
Learned AGA opposed the prayer for bail and submits that the applicant has been named in the F.I.R.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant-Mohd. Shahil involved in aforesaid Case be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3.The applicant shall 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 them 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 condition, the court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 23.5.2022
SP/
