Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed by the applicant seeking bail in Case Crime No. 600/2019, under Sections- 302, 506 I.P.C., Police Station- Kotwali Nanpara, District- Bahraich.
Learned counsel for the applicant submitted that as per the prosecution story the applicant alongwith few other named accused persons namely Bhurie and Abdul Kalam assaulted the deceased with fists, kicks and they killed him by sinking in water which was in the agricultural field of the deceased. As per the F.I.R., incident was took place on 09.07.2019 at 8:30 a.m. As per the prosecution, two eye witnesses are namely Shahid Ali and Smt. Rajjo. He further submitted that the trial has already been commenced and the prosecution has examined all the witnesses of facts. The statements of Ali Ahmad, Smt. Rajjo, Abdul Majeed, Mobin and Adbul Latif have been recorded before the trial court as PW-1 to PW-5 respectively. All the aforesaid witnesses have already been declared hostile, they have not supported the prosecution version. It has been submitted that otherwise story of prosecution is liable to be disbelieved that the allegation in the F.I.R. are to the effect that the accused alongwith co-accused assaulted the deceased with kicks and fists, however, no such injury was found by the autopsy surgeon. In these circumstances of the case, bail application may be allowed and applicant may be enlarged on bail.
Learned A.G.A. has, however, opposed the prayer for grant of bail. She while opposing the bail has referred the statement of witnesses recorded under Section 161 Cr.P.C., however, she could not disputed the aforesaid facts particularly to the effect that witnesses of fact referred hereinabove are already been declared hostile by trial Court and they have not supported the story of the prosecution.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and keeping in mind the statements of witnesses, above named, recorded before the trial court, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant- Abdul Shahid be released on bail in Case Crime No. 600/2019, under Sections- 302, 506 I.P.C., Police Station- Kotwali Nanpara, District- Bahraich, on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following conditions :-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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 of the Indian Penal Code.
(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. is issued and the 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 of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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, the Court below shall be at liberty to cancel the bail and proceed against the applicant in accordance with law.
This order shall not influence the trial Court for proceeding with the trial.
The application stands disposed of.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by him alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) towhich the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 24.8.2021 Gaurav/-