Allahabad High Court
Mohd. Kaseem vs State Of U.P. on 21 December, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:241983 Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53920 of 2023 Applicant :- Mohd. Kaseem Opposite Party :- State of U.P. Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.
1. Heard Sri Dhiraj Kumar Pandey, learned counsel for the applicant, learned AGA for the State and perused the record.
2. The instant bail application, under Section 439 CrPC, has been filed with a prayer to enlarge the applicant on bail in Case Crime No.293 of 2023, under Sections 147, 148, 323, 325, 352, 336, 308, 504, 506 IPC, Police Station Nakur, District Saharanpur, during the pendency of trial.
3. Learned counsel for the applicant submitted that the informant has falsely implicated the entire family of the applicant in the instant case. The applicant has no criminal history to his credit. It is also contended that similarly placed co-accused persons have already been enlarged on bail by coordinate Benches of this Court vide orders dated; (i) 19.10.2023 passed in Criminal Misc. Bail Application No.41637 of 2023 (Shahnazar Vs. State of UP); (ii) 24.11.2023 passed in Criminal Misc. Bail Application No.47088 of 2023 (Margoob Ahmad Vs. State of UP); (iii) 31.10.2023 passed in Criminal Misc. Bail Application No.45842 of 2023 (Abujar Vs. State of UP); (iv) 31.10.2023 passed in Criminal Misc. Bail Application No.45863 of 2023 (Gayyur Ahmad Vs. State of UP); and (v) 22.11.2023 passed in Criminal Misc. Bail Application No.45839 of 2023 (Azim @ Azimuddin Vs. State of UP), therefore, the applicant is also entitled to be enlarged on bail considering the ground of parity with the bail orders of the aforesaid co-accused. It is also contended that there is criminal history of one case against the applicant which has been subsequently registered against the applicant. There is no likelihood of his abscondence or tampering with the evidence. The applicant is languishing in jail since 23.11.2023. In case the applicant is released on bail, he will not misuse the said liberty.
4. The prayer for bail has been vehemently opposed by learned AGA. However, he could not dispute the aforesaid factual aspects of parity to the co-accused.
5. Considering the facts, circumstances and the submissions made but without commenting on the merits of the case, this Court is of the view that the applicant has made out a fit case for bail on the ground of parity. Accordingly, the bail application is allowed.
6. Let the applicant - Mohd. Kaseem, involved in the aforesaid case 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 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.
7. 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 :- 21.12.2023 Shahroz