Allahabad High Court
Khan Zafar @ Zafar Supari vs State Of U.P. Thru Home Govt. Of U.P. ... on 14 June, 2022
Author: Mohd. Aslam
Bench: Mohd. Aslam
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14699 of 2021 Applicant :- Khan Zafar @ Zafar Supari Opposite Party :- State Of U.P. Thru Home Govt. Of U.P. Lucknow Counsel for Applicant :- Santosh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Mohd. Aslam,J.
Heard Sri Santosh Kumar Srivastava, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant application has been moved on behalf of applicant with a prayer to enlarge him on bail in Case Crime No.195 of 2019, under Sections 302, 120-B, 34 I.P.C., Police Station Hanswar, District Ambedkar Nagar, during pendency of trial.
It is contended by learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is further contended that no specific role has been assigned against the applicant. It is further contended the applicant was neither present at the place of incident nor he played any active role in the alleged incident. It is further contended that the allegation of hatching conspiracy has been falsely leveled against the applicant. It is further contended that there is no independent witness of the alleged incident. It is further contended that the co-accused persons namely Mohammad Yahiya, Abdul Mazeed and Mohammad Rehan have been enlarged on bail by co-ordinate Bench of this Court vide orders dated 9.7.2020, 4.2.2020 & 29.7.2021 passed in Bail Nos.1378 of 2020, 503 of 2020 & 5304 of 2021 respectively. It is further contended that the applicant is also entitled to be released on bail during pendency of trial. It is further contended that the applicant is languishing in jail since 13.9.2021 and if he is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. for the State has opposed the prayer for bail, but has not disputed the above facts.
Having heard the submissions of learned counsel for the parties, nature of accusation and the severity of the punishment in case of conviction and the nature of supporting evidence, without expressing any opinion on the merit of the case, I find it to be a case of bail.
Accordingly, the bail application stands allowed.
Let the applicant Khan Zafar @ Zafar Supari involved in the aforesaid crime be released on bail on executing a personal bond and furnishing 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.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 14.6.2022 Anil K. Sharma