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Allahabad High Court · body

2020 DIGILAW 58 (ALL)

Akeel Ahmad v. State of U. P.

2020-01-07

AJIT SINGH

body2020
JUDGMENT : 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record. 2. By means of this application, the applicant who is involved in Case Crime No. 282 of 2019, under Sections 364, 323, 302, 504, 506, 201, 34 I.P.C. and Section 7 Criminal Law Amendment Act, P.S. Noorpur, district-Bijnor and is in jail since 21.7.2019, is seeking enlargement on bail during the trial. 3. The first information report of the incident was lodged by the informant Furkan Ahmad against four persons namely, Shamim Hasan, Arif, Faheem and Umair, alleging therein that the informant and his brother Buniyad were doing the business of selling butter milk and on 20.7.2019 at about 5:00 p.m. when both the brothers were selling butter milk in Yusuf Nagar locality. A resident of same locality namely, Shamim Hasan has purchased butter milk and when brother of the complainant asked for money, the said person did not pay any penny and started abusing him. When brother of the informant resisted, Shamim along with his accomplices Arif, Faheem and Umesh after assaulting the brother of the informant, dragging him and took away towards forest. After hearing hue and cry the informant and his maternal brother rushed to the spot but they could not get his brother released from the clutches of the accused persons due to fear. 4. It is submitted by learned counsel for the applicant that similarly placed co-accused Hazru has already been enlarged on bail by this Court by order dated 10.12.2019 passed in Criminal Misc. Bail Application no. 54885 of 2019, copy of bail order produced by learned counsel for the applicant is taken on record. He further submitted that since the role of the applicant is identical to that of Hazru who has already been enlarged on bail, He is also entitled to be enlarged on bail on the ground of parity. 5. The prayer for bail has vehemently been opposed by learned A.G.A. 6. However, the aforesaid factual aspect of the matter has not been disputed by him. 7. Considering the submissions made by learned counsel for the applicant as well as learned A.G.A., this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity. However, the aforesaid factual aspect of the matter has not been disputed by him. 7. Considering the submissions made by learned counsel for the applicant as well as learned A.G.A., this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity. In view of the above, let the applicant, Akeel Ahmad be released on bail in the aforesaid case on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in the aforesaid case with the following conditions :- (a) The applicant shall attend the court according to the conditions of the bond executed by him. (b) 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 tamper with the evidence.