Indian Kanoon - Search engine for Indian Law

Heard learned counsel for the appellant, the learned A.G.A. for the State and perused the material on record.

The instant bail application has been filed on behalf of the applicant, Mohd Ali @ Mohd Kaif, with a prayer to release him on bail in Case Crime No. 175 of 2022, under Sections 143, 144, 145, 147, 148, 149, 153B, 307, 332, 336, 353, 435, 427, 504, 505(2), 506, 120-B I.P.C., Section 3/4 of Explosive Substances Act, Section 7 of Criminal Law (Amendment) Act, Section 83(2) of Juvenile Justice (Care and Protection) Act and Section 3/4 of Prevention of Damages to Public Property Act, Police Station- Kareli, District- Prayagraj.

Learned counsel for the applicant has submitted that the applicant is innocent and he has been falsely implicated in the present case. It is next submitted that the applicant was neither named in the first information report nor arrested from the spot. His name has surfaced during investigation. It is further submitted that the first information report dated 11.06.2022 was lodged against 14 named and 200 unknown accused persons relating to the incident which took place on 10.06.2022 at Pehelwan Tiraha and Riddhi Siddhi Tiraha, Kareli. It is further submitted that co-accused, Sahab @ Mohd. Ahmad, Fazir Ali @ Fazil Ali, Saif and Aashif, similarly circumstanced as the applicant, have already been enlarged on bail by a different coordinate Benches of this Court vide orders dated 17.10.2022, 10.11.2022, 17.10.2022 and 13.09.2022 passed in Criminal Misc. Bail Application Nos. 39511 of 2022, 30448 of 2022, 41400 of 2022 and 37795 of 2022, respectively, entitling the applicant to be released on bail on the ground of parity. Copies of the bail orders of the co-accused are annexed as Annexure No. 4 to the affidavit filed in support of the bail application. The applicant is languishing in jail since 10.06.2022. The applicant has explained his criminal history of 2 cases in paragraph no. 13 of the affidavit filed in support of the bail application, namely, (i) Case Crime No. 176 of 2022 u/s 143, 144, 145, 147, 148, 149, 153-A, 153-B, 295-A, 307, 332, 336, 353, 435, 427, 504, 505(2), 506, 120-B I.P.C., Section 4/5 of Explosive Substances Act, Section 7 of Criminal Law (Amendment) Act, Section 83 of Juvenile Justice (Care and Protection) Act and Section 3/4 of Prevention of Damages to Public Property Act, P.S.- Kareli, District- Prayagraj and (ii) Case Crime No. 118 of 2022 u/s 143, 144, 145, 147, 148, 149, 153-A, 153-B, 295-A, 307, 332, 353, 336, 435, 427, 504, 505(2), 506, 120-B I.P.C., Section 3/4 of Explosive Substances Act, Section 7 of Criminal Law (Amendment) Act, Section 83 of Juvenile Justice (Care and Protection) Act and Section 3/4 of Prevention of Damages to Public Property Act, P.S.- Kareli, District- Prayagraj. The applicant has been enlarged on bail in Case Crime No. 176 of 2022 by another bench of this Court vide order dated 30.09.2022 passed in Criminal Misc. Bail Application No. 43147 of 2022 while another criminal case i.e. Case Crime No. 118 of 2022 is pending for bail in this Court. In case the applicant is released on bail, he will not misuse the liberty.