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Shahnawaz v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 10180 of 2004  RD-AH 368 (5 January 2006)
Court No. 19
Crl. Misc. Bail Application No.10180 of 2004
Shahnawaz .....Vs.....State of U.P.
Hon'ble Alok Kumar Singh, J.
Learned A.G.A. has filed counter affidavit. Let it be taken on record.
Heard learned counsel for the applicants and learned A.G.A. and also perused the material on record.
The applicant Shahnawaz is involved in case crime No.84 of 2004, for the offence under Section 302 I.P.C. read with Section 3(2) 5 S.C./ S.T. Act and Section 7 of Criminal Law Amendment Act, Police Station Sarai Meer, district Azamgarh.
It is submitted that on similar facts and allegations co accused Ashad and Mohd. Daud have already been granted bail by this Court vide separate orders dated 6.12.2005 and 14.12.2005 passed in Criminal Misc. bail application No. 2353 of 2005 and 17243 of 2005 respectively and as such the applicant is also entitled for bail on the ground of parity.
Learned A.G.A., however, pointed out that there is criminal history of one case Crime No. 152 of 2002 under Section 307/504 I.P.C. against the applicant. But as pointed out by learned counsel for the applicant, the learned Private counsel for the complainant Sri D.N. Pandey conceded that the applicant alongwith other co-accused have been acquitted in this case. But now revision is pending.
Looking to the facts and circumstances of the case, it appears to be a fit case for bail on the ground of parity.
Let the applicant Shahnawaz involved in case Crime No. No.84 of 2004, for the offence under Section 302 I.P.C. read with Section 3(2) 5 S.C./ S.T. Act and Section 7 of Criminal Law Amendment Act, Police Station Sarai Meer, district Azamgarh be enlarged on bail on his furnishing a personal pond and two sureties each in the like amount to the satisfaction of the court concerned.
The applicant shall also give an undertaking before the court concerned that he shall not tamper with the evidence or threaten the witnesses after he is released on bail and shall also cooperate in expeditious trial of the case. It will be open to the trial court to cancel his bail bonds in case any lapse if found on the part of the applicant.
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