The main legal point established in the judgment is that an accused may be granted bail based on factors such as not being named in the F.I.R., being arrested on the information of a squealer along with co-accused persons, and considering the bail granted to an identically situated co-accused.

JUDGMENT :

1. Supplementary affidavit filed today is taken on record.

2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

3. The present first bail application has been filed on behalf of the applicant in Case Crime No. 265 of 2023 under Sections 395, 412 I.P.C. Police Station Ramala, District Baghpat with the prayer to enlarge him on bail.

4. Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to malafide intentions. Allegations levelled as per the F.I.R. is that four persons looted Rs. 1,98,000/-, two mobile phones and one motorcycle from the informant and his associate. It is submitted that the applicant is not named in the F.I.R. It is further submitted that applicant was arrested on the information of a squealer along with three other co-accused persons. It is contended that the applicant has criminal history of one case i.e. case crime No. 0269 of 2023 which was implicated upon him after his arrest in the present case. It is further contended that similarly situated co-accused person, Rijwan has already been enlarged on bail by coordinate Bench of this Court vide order dated 24.11.2023 passed in Criminal Misc. Bail Application No. 48930 of 2023. The applicant is languishing in jail since 01.1.2023 having. It is lastly submitted that since the role of the present applicant is identical to that of co-accused, who has already been enlarged on bail, present applicant is also entitled to be enlarged on bail on the ground of parity and if he is granted the liberty of bail he will not misuse the same and he is ready to furnish his sufficient sureties, bonds and personal bonds and shall cooperate with the trial.

4. On the other hand, learned AGA has vehemently opposed the prayer for bail but could not controvert the fact that identically situated co-accused has been enlarged on bail.

5. Considering the fact that applicant was not named in the F.I.R., applicant was arrested on the information of a squealer along with three other co-accused persons coupled with the fact that identically situated co-accused has been enlarged on bail and without expressing any opinion on the merits of the case, accused-applicant is liable to be released on bail.

6. Let applicant Shahrukh be released on bail in the above case crime number and on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

(v) The applicant shall also furnish an undertaking