SHAMSHUDDIN Vs. STATE OF U.P.

JUDGEMENT

(1.) The present bail application has been moved by the accused-applicant for enlarging him on bail in Case Crime No. 33 of 2018 (Case No. 5794 of 2018), under Sections 323, 308, 504 IPC, Police Station Gazipur, District Fatehpur.

(2.) It is pleaded that in the FIR it was mentioned that victim was beaten by lathi and danda but in the statement, Informant said that he was hit by lathi, danda and rod by applicant and co-accused Imamuddin alias Tajuddeen, which shows a clear improvement at a later stage and falsity in report. Co-accused Imamuddin alias Tajuddin, whose case is on similar footing as that of applicant has been granted bail by this Court vide order dated 15.10.2019 passed in Criminal Misc. Bail Application No.15725 of 2019 and therefore applicant is also entitled to be released on bail on the ground of parity. There is no chance of applicant of fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not to seek any unnecessary adjournment during trial. The applicant is having no criminal antecedents. Applicant is in jail since 18.02.2019 and there is nothing to show that trial has proceeded substantially or the delay in trial is attributable to applicant. In case applicant is enlarged on bail, he will not misuse liberty of bail.

(3.) Learned A.G.A. opposed the prayer for bail.