Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44833 of 2021 Applicant :- Anwar Opposite Party :- State of U.P.
Counsel for Applicant :- Abrar Ahmad Siddiqui Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.362 of 2020, under Sections 147, 148, 149, 34, 307, 420, 467, 471 I.P.C., Police Station- Mirzapur, District- Shahjahanpur.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. He has not been arrested on the spot and nothing has been recovered from his possession. Learned counsel for the applicant further submitted that co-accused Amrul has been granted bail by the Co-ordinate Bench of this Court in Criminal Misc. Bail Application No.14045 of 2021 vide order dated 23.03.2021, copy of the said order is annexed as Annexure No.3. The role of the applicant is similar to the co-accused. It is next contended that the applicant has criminal history of one case which has been explained in para 13 of the affidavit and he is in jail since 22.08.2021.
Learned A.G.A. has opposed the prayer for bail and not disputed the aforesaid facts that co-accused Amrul has been enlarged on bail.
Considering the rival contentions of the parties, the material on record, nature of offence, evidence, complicity of accused, severity of punishment and all attending circumstances, in the opinion of the Court, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant- Anwar involved in the aforesaid case, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
The concerned Court/Authority/Jail Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
This bail order would be subject to the fulfillment of following conditions:-
1. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
2. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
3. 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
4. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 28.10.2021 Krishna*