Allahabad High Court
Sufiyan vs State Of U.P. on 3 February, 2023
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57043 of 2022 Applicant :- Sufiyan Opposite Party :- State of U.P. Counsel for Applicant :- Zeeshan Zamin,Omar Zamin Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
Counter affidavit filed by learned AGA, is taken on record.
Heard learned counsel for the applicant and learned AGA for the State-respondent.
The instant bail applicant under Section 439 Cr.P.C. has been filed with a prayer to enlarge the applicant on bail in Case Crime No.176 of 2022, under Sections 143, 144, 145, 147, 148, 149, 153-B, 307, 332, 336, 353, 435, 427, 504, 505(2), 506, 120-B IPC, Section 3/4 Explosive Substance Act, Section 7 Criminal Law Amendment Act, Section 83 (2) Juvenile Justice (Care and Protection of Children) Act, 2015, Section 3/4 Prevention of Damage of Public Property Act, Police Station Kareli, District Prayagraj, during the pendency of trial.
It is submitted that the applicant has been falsely implicated in the instant case. In the first information report eleven persons including the applicant are named and 250 unknown persons are nominated. No specific role has been assigned to the applicant. It is next contended that the co-accused Faizan having identical role has been granted bail by this Court in Criminal Misc. Bail Application No. 40228 of 2022 vide order dated 12.09.2022. The applicant claims parity. Prior to the instant case, the applicant does not have any criminal history. However, after his arrest in the instant case, he has been falsely implicated in other cases. The applicant is in jail since 11.06.2022 and in case he is enlarged on bail, he will not misuse the said liberty.
Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.
Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
Let the applicant Sufiyan, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:
(i) shall appear on the date fixed by the trial court;
(ii) shall not tamper with the prosecution evidence;
(iii) shall not pressurize the prosecution witnesses.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 3.2.2023 Lbm/-