Allahabad High Court
Ekhlak Ali vs State Of U.P. on 2 February, 2023
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4942 of 2023 Applicant :- Ekhlak Ali Opposite Party :- State of U.P. Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
Learned counsel for the applicant is permitted to make necessary correction in the prayer clause.
Heard learned counsel for the applicant and Sri Vikas Sahai, learned AGA for the State-opposite party.
The instant bail application, 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, 153A, 153B, 295A, 307, 332, 336, 353, 435, 427, 504, 505(2), 506 & 120B of I.P.C., Section 3/4 of Explosive Substances Act, 1908, Section 7 of Criminal Law (Amendment) Act, 1932 & 83 of the Juvenile Justice (Care and Protection of Children) Act, 2015 & 3/4 of the Prevention of Damage to Public Property Act, 1984, Police Station- Kareli, District- Prayagraj, during the pendency of trial.
It is submitted that the applicant has been falsely implicated in the instant case. The applicant was not named in the first information report. The name of the applicant surfaced during the investigation. The co-accused, Fazir Ali alias Fazil Ali, having identical role, has been granted bail by this Court in Criminal Misc. Bail Application No. 30779 of 2022 vide order dated 11.10.2022. The applicant claims parity. Prior to the instant case the applicant does not have any criminal history, however after his arrest he has been implicated in other cases. The applicant is in jail since 11.06.2022. 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- Ekhlak Ali, involved in 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 :- 2.2.2023 S.S.