Allahabad High Court
Serajuddin @ Banti vs State Of U.P. on 13 February, 2024
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:24720 Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 338 of 2024 Applicant :- Serajuddin @ Banti Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Singh Sengar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. This is the second bail application preferred on behalf of the applicant, his bail application was rejected vide order dated 02.12.2023.
3. The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 454 of 2023, under Sections 419, 420, 467,468, 471, 120-B IPC and Section 66-C of the Information Technology (Amended) Act, Police Station Kotwali, District Ballia, during the pendency of the trial.
4. Contention of learned counsel for the applicant is that applicant has been falsely implicated in the present case, since he was not named in the FIR and his name was surfaced from the confessional statement given by co-accused during investigation. Learned counsel for applicant further submitted that no specific role has been assigned to the applicant and only general allegations have been leveled and also there is no independent witness of the alleged recovery. It is further contended that co-accused, namely, Hatim @ Abdul Rahman, Jalal Ahmad and Himanshu Baranwal, having identical role have already been enlarged on bail by the coordinate Bench of this Court as well as by this Court vide orders dated 06.02.204, 08.01.2024 and 02.02.2024 passed in Criminal Misc. Bail Application Nos. 47441 of 2023, 54128 of 2023 and 45485 of 2023, respectively. Applicant is having no criminal history to his credit. The applicant is a law abiding citizen and he is languishing in jail since 28.08.2023. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.
5. Learned A.G.A. has opposed the prayer for bail but could not dispute the fact that co-accused have already been granted bail by the coordinate Bench of this Court as well as by this Court also.
6. Having regard to the submissions made and the fact that co-accused, namely, Hatim @ Abdul Rahman, Jalal Ahmad and Himanshu Baranwal, having identical role have already been enlarged on bail and also the applicant is having no criminal history but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
7. Let applicant- Serajuddin @ Banti, involved in the aforementioned crime 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, with the following conditions:-
i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 13.2.2024 Vivek Kr.