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Neutral Citation No. - 2025:AHC:74558 Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10746 of 2025 Applicant :- Salman Beg Opposite Party :- State of U.P. Counsel for Applicant :- M J Akhtar,Shahzad Alam,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri M.J. Akhtar, learned Senior Counsel assisted by Sri Shahzad Alam, learned counsel for applicant and Sri Bhupendra Pal Singh, learned A.G.A. for State. 2. The applicant has again approached this Court by way of filing present bail application in Case Crime No.425 of 2020 for the offence under Sections 147, 148, 149, 307, 302/34, 120-B I.P.C. and Section 7 of Criminal Law Amendment Act, Police Station- Chakeri, District- Kanpur Nagar. 3. Learned Senior Counsel has made out a case that applicant may be given parity since the co-accused Faisal Qureshi has been granted bail by Supreme Court by order dated 20.01.2025, on ground of delay in conclusion of trial. 4. Learned Senior Counsel further submits that Supreme Court passed the said order, when said applicant has challenged the order dated 22.08.2024, whereby his second bail application was rejected by this Court. 5. Learned A.G.A. for State has opposed the bail, however, the aforesaid fact and order passed by Supreme Court is not disputed. 6. In the aforesaid circumstances, since similarly situated co- accused Faisal Qureshi has been granted bail, therefore, this Court has not reason to take any other view, therefore, applicant has made out a case for bail on ground of parity. 7. Let the applicant- Salman Beg be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions which are being imposed
in the interest of justice:- (i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment or exemption from appearance on the date fixed in trial. 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. (iii) The applicant will not misuse the liberty of bail in any manner whatsoever.
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 I.P.C. (iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of applicant, if there is no other legal impediment. 8. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 9. It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application. Order Date :- 8.5.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad