Rafeek Ahmad vs State Of U.P.

Umesh Chandra Sharma, J

Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 473 of 2022 under Sections 147, 148, 149, 307 I.P.C., Police Station- Kankarkhera, District- Meerut, during the pendency of the trial.

Counsel for the applicant contends that the applicant has been falsely implicated in the present case. It is a case of police encounter where no police personnel has received any injury. There is no independent witness of he alleged recovery or the arrest of the applicant. The applicant himself has received gun shot injury. The applicant claims parity. It is next contended that co-accused Jagat Singh, Ram Prakash @ Lala, Prince, Manish, Ishwar, Imran, Aman, Arshad, Ibrar and Vakeel have been granted bail by this Court and the applicant also claims parity. The criminal history of the applicant has been explained in para 5 of the affidavit. The applicant is in jail since 06.07.2022, in case he is enlarged on bail, he will not misuse the said liberty.

Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

Having regard to the submissions made above and the fact that the applicant has remained confined for almost two years and the co-accused have been enlarged on bail more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either temper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

Let the applicant- Rafeek Ahmad, involved in aforesaid case 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 the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.