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ALLAHABAD HIGH COURT
MOHD. ARIF – Appellant
Versus
STATE OF U.P THRU SECRETARY HOME LKNW. – Respondent
BAIL/54191/2021
BAIL - NDPS ACT - PARITY - CO-ACCUSED RELEASED ON BAIL - APPLICANT ENTITLED TO BAIL ON GROUND OF PARITY
Fact of the Case:
The applicant, Mohd. Arif, was arrested and charged under Sections 8/21 of the NDPS Act. He filed a bail application, arguing that he was falsely implicated and that a similarly placed co-accused had already been released on bail.
Finding of the Court:
The court found that the applicant's role in the alleged crime was identical to that of the co-accused who had been granted bail. The court also considered the applicant's lack of criminal history and the fact that he had been in jail since October 24, 2021.
Issues: Whether the applicant was entitled to bail on the ground of parity.
Ratio Decidendi: The court held that the applicant was entitled to bail on the ground of parity, as he had been falsely implicated and his role in the alleged crime was identical to that of the co-accused who had been granted bail.
Final Decision: The court granted the applicant bail on the condition that he furnish a personal bond and two sureties in the like amount, and subject to certain conditions, including that he not seek adjournments on the date fixed for evidence, remain present before the trial court on each date fixed, and not misuse the liberty of bail.
Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54191
of 2021
Applicant :- Mohd. Arif
Opposite Party :- State Of U.P Thru Secretary Home Lknw.
Counsel for Applicant :- Ashutosh,Pavan Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Pavan Kumar, learned counsel for the applicant and
learned AGA for the State and also perused the material placed
on record.
By means of the present application, the applicant- Mohd. Arif,
seeks bail in Case Crime No. 424 of 2021, under Sections 8/21
of NDPS Act, Police Station- Prem Nagar, District- Bareilly,
during the pendency of trial.
It is submitted by the learned counsel for the applicant that the
applicant has been falsely implicated in the present case. It is
further submitted that similarly placed co-accused, Asif @ Saif,
have already been released on bail by another Bench of this
Court in Criminal Misc. Bail Application No. 53580 of 2021,
vide order dated 4.1.2022. Since the role of the applicant is
identical to that of co-accused person who has already been
enlarged on bail, the applicant is also entitled for bail on the
ground of parity. The applicant is languishing in jail since
24.10.2021 and he deserves to be released on bail. He has no
criminal history. In case, the applicant is released on bail, he
will not misuse the liberty of bail and shall cooperate with the
trial.
Per contra, learned A.G.A. has opposed the bail prayer of the
applicant but could not controvert the factual aspect of the
matter.
Upon hearing learned counsel for the parties, perusal of record
and considering the complicity of accused, severity of
punishment as well as totality of facts and circumstances, at this
stage without commenting on the merits of the case, I find it a
fit case for bail.
Let the applicant- Mohd. Arif , who is involved in
aforementioned case crime 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 shall file an undertaking to the effect that he
shall not seek any adjournment on the date 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 IPC.
(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., may be issued and if 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 IPC.
(iv) The applicant shall remain present, in person, before the
Trial Court on dates fixed for (1) opening of the case, (2)
framing of charge and (3) 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.
In case of breach of any of the above conditions, it shall be a
ground for cancellation of bail.
It is made clear that observations made in granting bail to the
applicant shall not in any way affect the learned trial Judge in
forming his independent opinion based on the testimony of the
witnesses.
Order Date :- 6.1.2022
A.P. Pandey
Digitally signed by KRISHAN PAHAL
Date: 2022.01.10 09:35:02 IST
Reason: Document Owner
Location: High Court of Judicature at
Allahabad
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