ALLAHABAD HIGH COURT
Vinod Kumar Misra, J.
Rahmat Ali @ Guddu - Appellant
Versus
State of U.P. - Respondent
Criminal Misc. Bail Application No. - 21552 of 2015
Decided On : 17-06-2015
Bail - Criminal Law - The court granted bail to the applicant based on the nature of the offence, evidence, complicity of the accused, severity of punishment, and submissions of the learned counsel for the parties.
Fact of the Case:
The applicant claimed innocence and cited the grant of bail to a co-accused as a basis for seeking bail. The applicant had been in jail since 28.3.2015.
Finding of the Court:
The court found that the applicant had made out a case for bail based on the nature of the offence, evidence, complicity of the accused, severity of punishment, and submissions of the learned counsel for the parties.
Issues: The main issue was whether the applicant should be granted bail in Case Crime No. 331 of 2014, under Sections 379, 411 I.P.C., P.S. Kotwali, District Rampur.
Ratio Decidendi: The court considered the nature of the offence, evidence, complicity of the accused, severity of punishment, and submissions of the learned counsel for the parties as the basis for granting bail to the applicant.
Final Decision: The court ordered the release of the applicant on bail with specific conditions to ensure compliance during the trial.
Vinod Kumar Misra, J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
2. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. It is further submitted by learned counsel for the applicant that in the present case co accused Mahmood Mansuri, whose case stands on the same footing, has been granted bail by this Court on 1.5.2015 in Criminal Misc. Bail Application No. 14877 of 2015 and has claimed parity. This fact has not been disputed by the learned A.G.A. The applicant is in jail since 28.3.2015
3. Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
4. Let the applicant Rahmat Ali @ Guddu involved in Case Crime No. 331 of 2014, under Sections 379, 411 I.P.C., P.S. Kotwali, District Rampur 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 with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
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