Allahabad High Court
Aqueel @ Aqueel Abbas Rizvi vs State Of U.P. on 28 January, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 46 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4051 of 2023 Applicant :- Aqueel @ Aqueel Abbas Rizvi Opposite Party :- State of U.P. Counsel for Applicant :- Rehan Waris Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that identically placed co-accused Sahab Urf Mohd. Ahmad has been granted bail by another Bench of this Court vide order dated 17.10.2022 passed in Criminal Misc. Bail Application No. 39511 of 2022. He further submits that since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail on the ground of parity. It is next submitted that the applicant is innocent and has been falsely implicated in the present case. He is languishing in jail since 10.06.2022.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, the fact that co-accused has already been released on bail by this Court and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Aqueel @ Aqueel Abbas Rizvi involved in Case Crime No. 175 of 2022, under Sections 143, 144, 145, 147, 148, 149, 153-B, 307, 332, 336, 353, 435, 427, 504, 506, 505(2), 120-B IPC and 3/4 Explosive Substances Act and Section 7 Criminal Law Amendment Act and Section 83(2) of Juvenile Justice (Care and Protection) Act and Section 3/4 of Prevention of Damage to Public Property Act, P.S. Kareli, District Prayagraj 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 following conditions. Further, before issuing the release order, the sureties be verified.
(i)The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) 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.
(v) 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 him from disclosing such facts to the Court or to any police officer or temper with the evidence.
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 :- 28.1.2023 Sanjeet