Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28894 of 2019 Applicant :- Abid Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohammad Zakir Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Mohammad Zakir, learned counsel for the applicant and Sri Om Prakash Mishra, learned A.G.A. for the State as well as perused the material on record.
The present bail application has been filed by the applicant-Abid with a prayer to enlarge him on bail in Case Crime No. 253 of 2019, under Sections 393 and 307 I.P.C., Police Station-Khurja Nagar, District-Bulandhsahr, during the pendency of the trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. According to the prosecution case, on 1st May, 2019 at 7:30 p.m. when the informant was sitting on his shop, his neighbour, namely, Rajat Vashneh came to him in injured condition and said to him that when he was coming to his shop on the way, three known persons came on motorcycle and tried to snatch his bag having some rupees in it, and when they did not succeed in snatching his bag, they fired upon him due to which he sustained injuries in his abdomen. It has further been alleged that neither the applicant has been named in the first information report nor his name surfaced in the statement of the injured or the informant. For the first time, his name surfaced in the confessional statement of the co-accused Junaid. In view of Sections 25 and 26 of the Indian Evidence, the confessional statement, which has been recorded before the Police, cannot be accepted, as the same has no evidentiary value. Except the aforesaid confessional statement, there is no evidence against the applicant from which it is established that he is involved in the commission of the alleged incident. It has further been alleged that the co-accused, namely, Saddam and Junaid have already been enlarged on bail by this Court vide orders dated 21st June, 2019 and 30th July, 2019 passed in Criminal Misc. Bail Application Nos. 24859 of 2019 and 30162. The case of the present applicant is also similar and identical to that of the aforesaid co-accused. As such, the present applicant is also liable to be enlarged on bail. The applicant has six criminal antecedents to his credit except the present one but the same have satisfactorily been explained in paragraph-10 of the affidavit accompanying the present bail application. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 8th May, 2019.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. However, the learned A.G.A. could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. & Another reported in (2018) 3 SCC 22, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the 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.
(Manju Rani Chauhan, J.) Order Date :- 31.7.2019 Sushil/-