Court No. - 46

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4051

of 2023

Applicant :- Aqueel @ Aqueel Abbas Rizvi

Opposite Party :- State of U.P.

Counsel for Applicant :- Rehan Waris

Counsel for Opposite Party :- G.A.

Hon'ble Gajendra Kumar,J.

Heard learned counsel for the applicant, learned A.G.A. and

perused the record.

It is submitted by learned counsel for the applicant that

identically placed co-accused Sahab Urf Mohd. Ahmad has

been granted bail by another Bench of this Court vide order

dated 17.10.2022 passed in Criminal Misc. Bail Application No.

39511 of 2022. He further submits that since the role of the

applicant is not distinguishable with the role of co-accused,

therefore, the applicant is also entitled for bail on the ground of

parity. It is next submitted that the applicant is innocent and has

been falsely implicated in the present case. He is languishing in

jail since 10.06.2022.

On the other hand, learned AGA opposed the prayer for bail.

Keeping in view the nature of the offence, evidence, complicity

of the accused, submissions of the learned counsel for the

parties, the fact that co-accused has already been released on

bail by this Court and without expressing any opinion on the

merits of the case, the Court is of the view that the applicant has

made out a case for bail. The bail application is allowed.

Let the applicant Aqueel @ Aqueel Abbas Rizvi involved in

Case Crime No. 175 of 2022, under Sections 143, 144, 145,

147, 148, 149, 153-B, 307, 332, 336, 353, 435, 427, 504, 506,

505(2), 120-B IPC and 3/4 Explosive Substances Act and

Section 7 Criminal Law Amendment Act and Section 83(2) of

Juvenile Justice (Care and Protection) Act and Section 3/4 of

Prevention of Damage to Public Property Act, P.S. Kareli,

District Prayagraj 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 subject to following

conditions. Further, before issuing the release order, the sureties

be verified.

(i)The applicant will not tamper with the evidence during the

trial.

(ii) The applicant will not pressurize/intimidate the prosecution

witness.

(iii)The applicant will appear before the trial court on the date

fixed, unless personal presence is exempted.

(iv) The applicant shall not commit an offence similar to the

offence of which he is accused, or suspected, of the commission

of which he is suspected.

(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 him from disclosing such

facts to the Court or to any police officer or temper with the

evidence.

In case of breach of any of the above conditions, the

prosecution shall be at liberty to move bail cancellation

application before this Court.

Order Date :- 28.1.2023

Sanjeet

Digitally signed by :-

SANJEET KUMAR YADAV

High Court of Judicature at Allahabad